Flaer Terms of Service and User Agreement

Last Updated: December 2025

Summary of Key Points (Plain-Language Overview) This summary is provided for convenience only. The full Terms of Service below are the legally binding agreement.

  • What Flaer Is Flaer allows Users to share authentic Instagram posts or stories about businesses and potentially earn money based on performance.

  • Data You Authorize Flaer accesses only the Instagram data you explicitly grant permission for. This data is used to verify your content, retrieve insights, calculate rewards, and maintain platform integrity. Flaer does not track you across other apps or websites.

  • Your Agreement By using Flaer, you agree to these Terms, Instagram’s rules, and all content and safety policies. You may monetize only content you own that accurately represents the business you select.

  • Content and Safety Standards Flaer does not allow or monetize adult content, violence, hate, illegal activity, or any content prohibited by Apple App Store Review Guidelines or Instagram policies.

  • How Rewards Work Businesses fund their accounts using Stripe. You earn money only after Instagram insights are successfully retrieved and validated. Estimated rewards are not guaranteed.

  • Your Responsibilities You must maintain valid Instagram access. Deleting posts, revoking permissions, or violating policies may result in unrewarded Shares or account termination. Fraud, bots, fake engagement, or manipulation are strictly prohibited.

  • Advertiser Responsibilities Businesses must maintain adequate credit balances, provide accurate information, and follow all advertising rules. Credit purchases are non-refundable unless required by law.

  • No Guaranteed Earnings Reward amounts depend on actual post performance. Flaer does not guarantee that any User will earn money.

  • Third-Party Dependencies Flaer relies on Instagram, Stripe, AWS, and your device’s operating system. Outages, API limitations, or platform failures may affect functionality or reward calculations.

  • Your Rights You may delete your Flaer account at any time. Flaer will remove your Instagram data unless retention is required for legal or audit purposes.

  • Dispute Resolution Users must attempt informal resolution first. U.S. Users agree to binding arbitration and waive participation in class actions.

1. Introduction

These Terms of Service (“Terms”) form a legally binding agreement between you (“User,” “you”) and Flaer, Inc., a Delaware corporation (“Flaer,” “we,” “us,” or “our”).
These Terms apply to your use of:

  • the Flaer Customer App,

  • the Flaer Ads App (Flaer for Advertisers),

  • the https://flaer.app website,

  • all related features, products, monetization programs, and services offered by Flaer.

By creating an account or using Flaer, you agree to be bound by:

  • these Terms of Service,

  • the Privacy Policy,

  • the Terms of Monetization (which you must explicitly accept before monetizing any content),

If you do not agree to these Terms, you must not use Flaer.

Flaer does not allow or monetize adult content, violence, hate, or any content prohibited by Apple App Store Review Guidelines or Instagram policies.

1.1 Future Changes and Updates

Flaer may update or modify these Terms, the Terms of Monetization, referral rules, pricing structures, reward formulas, Flaer’s platform fee (“cut”), algorithms, content eligibility policies, or advertiser credit requirements at any time and at Flaer’s sole discretion.

Such updates may occur without prior notice unless required by law.
Your continued use of Flaer after any change becomes effective constitutes acceptance of the updated terms.

This includes Flaer’s right to:

  • adjust or replace the reward calculation algorithm,

  • change the percentage of earnings paid to Users,

  • change the referral program structure or payout rules,

  • modify how advertiser credits are calculated, locked, or used,

  • introduce new fees or adjust Flaer’s platform fee,

  • restrict, expand, or eliminate features.

1.2 Required Acceptance of Additional Terms

Users who monetize content must explicitly accept the Terms of Monetization before monetizing each piece of content.
If you decline, you may still use the app but cannot earn rewards.

1.3 No Affiliation with Instagram

Flaer is not endorsed by, affiliated with, or sponsored by Instagram or Meta Platforms, Inc. Use of Flaer requires compliance with all applicable Meta platform rules and Instagram’s terms.

1.4 Right to Suspend or Terminate

Flaer reserves the right to suspend, restrict, or terminate any account at its sole discretion, including cases involving:

  • fraud,

  • misuse of the app,

  • violation of these Terms,

  • violation of Terms of Monetization,

  • advertiser chargebacks or credit abuse,

  • harmful or illegal behavior,

  • or behavior inconsistent with platform integrity.

1.5 Communication

By using Flaer, you agree that we may send you important updates, policy changes, or system alerts within the apps or via email.
Flaer may display in-app announcements or promotional content but does not serve third-party ads.

2. Definitions

For purposes of these Terms, the following definitions apply. Capitalized terms have the meanings described below.

2.1 “User”

A person who uses the Flaer Customer App to share, monetize, or interact with content relating to businesses.

2.2 “Advertiser” or “Business”

Any individual or entity that creates an advertiser account through the Flaer Ads App to promote their business, purchase credits, fund campaigns, or access aggregated insights.

2.3 “Account”

A User or Advertiser profile registered on Flaer, including login credentials, connected Instagram accounts, profile information, and all associated data.

2.4 “Business Profile”

A digital profile created by an Advertiser inside Flaer, including business name, description, address, images, categories, and other relevant data.

2.5 “Share”

A piece of User-generated content posted on Instagram (story or post) and submitted to Flaer for potential monetization.
A Share is only created if:

  • the User selects a business to monetize, AND

  • the Advertiser has sufficient credits to cover the estimated reward.

A Share includes:

  • media file (compressed copy),

  • Instagram metadata,

  • posting timestamp,

  • monetization timestamp,

  • insights,

  • reward data.

2.6 “Estimated Reward” / “Estimated Price”

The preliminary value displayed to a User (as an Estimated Reward) and to an Advertiser (as an Estimated Price) when the Share is created.
This value is not guaranteed and may differ from the Final Reward and the Final Price.

2.7 “Final Reward”

The definitive amount earned by a User after Instagram insights have been fetched at the end of the required period (7 days for posts, 23 hours 45 minutes for stories).

If insights cannot be retrieved for any reason outside Flaer’s reasonable control, including but not limited to content deletion or account changes, the Final Reward may be zero and no payout will be owed.

2.8 “Final Price”

The definitive amount paid by an Advertiser after Instagram insights have been fetched at the end of the required period (7 days for posts, 23 hours 45 minutes for stories).

If insights cannot be retrieved for any reason outside Flaer’s reasonable control, including but not limited to content deletion or account changes, the Final Price may be zero, meaning no credits will be deducted from the Advertiser’s credit balance.

2.9 “Insights”

Metrics retrieved from Instagram’s API, including reach, impressions, taps, exits, and other performance indicators. Insights are fetched only once per Share, at the end of the eligibility window.

2.10 “Flaer Credits” or “Credits”

Prepaid balances purchased by Advertisers through Stripe.
Credits are used to pay for Final Rewards and related platform fees.

Credits:

  • may be locked at Share creation (typically 1.5× the estimate),

  • are released when the Final Reward is computed,

  • are not refundable or withdrawable, except as expressly permitted under these Terms.

2.11 “Referral Program”

Any feature that rewards Users for referring others to Flaer.
Rules, percentages, and payout logic may be changed or discontinued at Flaer’s sole discretion.

2.12 “Flaer Platform Fee” (“Cut”)

The percentage or amount Flaer retains from each monetized Share or payout, which may be changed, removed, or adjusted at any time.

2.13 “Stripe Account”

A User’s or Advertiser’s payment profile managed by Stripe, used for receiving payouts or purchasing credits.
Stripe’s KYC and verification requirements apply.

2.14 “Instagram Data”

All information obtained from Instagram via the User’s authorization, including media, captions, insights, and access tokens.
Subject to the Privacy Policy and Meta’s platform rules.

2.15 “Content”

Any media, text, images, videos, comments, or information submitted, uploaded, or generated through Flaer, including User-generated content, business images, and aggregated analytics.

2.16 “Monetization Program”

The set of rules, eligibility requirements, and payout processes governing how Users can earn money from Shares.
Detailed separately in the Terms of Monetization.

2.17 “Service”

The Flaer Customer App, Flaer Ads App, website, backend systems, algorithms, monetization features, and all related functionality offered by Flaer.

2.18 “Platform Rules”

All guidelines, policies, rate limits, eligibility rules, and business rules established by Flaer.
These may change at any time.

2.19 “IG Token Revocation”

The event where a User’s Instagram permissions expire or are revoked, preventing Flaer from accessing insights or media.

Such events may cause a Share to become unrewarded.

2.20 “Fraud”

Any attempt to manipulate Shares, insights, payouts, advertiser credits, system behavior, or platform integrity.
This includes—but is not limited to—fake engagement, repeated reposting, automation, or misleading business representation.

Flaer may determine fraud at its sole discretion.

3. Use of the Service

By using Flaer, you agree to comply with all platform rules, eligibility requirements, and technical limitations described in these Terms.

3.1 Account Registration

(a) Users

To create a Flaer account, Users must initially authenticate through Instagram.
After registration, Users may log in using Instagram or supported secondary authentication methods, such as email.

Users may maintain a Flaer account without an active Instagram connection; however, an Instagram connection is required to access certain features, including but not limited to monetization, content evaluation, and reward calculation.

(b) Advertisers

To create and access an Advertiser account, Advertisers must register and log in using an email address and password, or other methods expressly made available by Flaer.

Instagram authentication is not required for Advertiser accounts.

3.2 Linking and Maintaining Instagram Access

Users are responsible for keeping their Instagram access active.
If Instagram permissions expire or are revoked:

  • Shares cannot be rewarded,

  • insights cannot be retrieved,

  • locked advertiser credits are released,

  • future monetization may be restricted until access is restored.

Flaer is not responsible for losses caused by expired tokens, revoked permissions, or Instagram platform outages.

3.3 Multiple Shares and Frequency Limits

Users may have multiple Shares pending evaluation or reward at the same time.
However, Flaer may apply frequency multipliers or other algorithmic adjustments to reduce rewards if content is posted excessively or in a manner inconsistent with authentic engagement.

Flaer may determine frequency patterns, spam, or manipulation at its sole discretion.

3.4 Share Creation and Eligibility

A Share is created only if:

  1. The User selects a business to monetize, and

  2. The Advertiser has sufficient available credits to fund the estimated reward.

If the business does not have enough credits, the User will see a message indicating that the Share cannot be monetized at this time.

Users cannot delete Shares inside Flaer.
Shares may remain recorded within Flaer; however, associated content, media, Instagram identifiers, and insights may be removed or anonymized as a result of:

  • User account deletion,

  • Instagram Data Deletion request.

After such removal, the Share may persist in an incomplete or non-monetizable state and will not result in a Final Reward or Final Price.

3.5 User Responsibilities

Users must:

  • post authentic content that they own,

  • follow Instagram’s rules and community guidelines,

  • comply with these Terms and Terms of Monetization,

  • avoid automation, bots, fake engagement, or manipulation,

  • avoid submitting content irrelevant to the selected business,

  • keep login credentials secure.

Users are solely responsible for the content they submit.

3.6 Prohibited User Behavior

Users may not:

  • attempt to artificially inflate insights or engagement,

  • repeatedly repost identical content to manipulate payouts,

  • misrepresent businesses, locations, or associations,

  • upload harmful or illegal content,

  • interfere with Flaer’s algorithms, platform integrity, or security,

  • use automation tools or third-party services to manipulate stats,

  • attempt to create Shares without posting to Instagram,

  • create multiple accounts to bypass limits.

3.7 Advertiser Responsibilities (General)

Advertisers must:

  • maintain enough credits to support incoming Shares,

  • ensure their business information is accurate,

  • comply with local advertising laws,

  • not misuse aggregated insights,

  • not attempt to identify Users from anonymized data.

3.8 Platform Discretion

Flaer may modify, suspend, or remove:

  • algorithms,

  • multipliers,

  • platform fees (“Flaer’s cut”),

  • referral payouts,

  • share eligibility rules,

  • credit requirements,

  • features and interface components.

Flaer may deny or remove any Share or suspend any account at its sole discretion.

3.9 No Guarantee of Access or Functionality

Flaer does not guarantee:

  • continual access to Instagram APIs,

  • availability of insights,

  • uninterrupted service,

  • stable reward calculations.

API failures, outages, or service interruptions may impact monetization.

Flaer is not liable for delays or failures caused by Instagram, Stripe, Appsflyer, AWS, or other third-party services.

3.10 Security of Accounts

Users must maintain the security of their login credentials.
Flaer is not responsible for unauthorized access resulting from User negligence.

4. Content Rights & License

4.1 User Ownership

You retain full ownership of the content (“Content”) you post to Instagram and submit to Flaer.
Flaer does not claim ownership of your media, captions, or any intellectual property rights in your original work.

However, when you submit content for monetization, you grant Flaer certain rights described below so the platform can function.

4.2 License You Grant to Flaer

By submitting content to Flaer or monetizing a Share, you grant Flaer a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

  • download, store, compress, analyze, and process your content,

  • create a copy of your content on AWS S3,

  • access and store associated metadata and insights from Instagram,

  • display your content within the app in connection with your Shares,

  • show your content to Advertisers only as anonymized Share previews,

  • use your content for fraud detection, audit, and platform integrity,

  • maintain historical records of past Shares,

  • use your content internally to improve algorithms, pricing models, and platform features.

This license exists only for the purposes of:

  • operating the Flaer platform,

  • running the monetization program,

  • generating insights and rewards,

  • enabling Advertisers to view monetized Shares,

  • and any future features related to monetization, analytics, or business reporting.

You may revoke this license at any time by:

  • deleting your Flaer account, or

  • using Instagram’s Data Deletion mechanism.

When revoked, Flaer deletes all associated stored content except where retention is required by law.

4.3 Display of Content to Advertisers

Advertisers may see:

  • the media file you submitted,

  • the timestamp you posted it,

  • the timestamp you monetized it,

  • the estimated price,

  • the final price,

  • high-level aggregated insights across all Users.

Advertisers never see:

  • your name,

  • your Instagram username,

  • your identity,

  • your profile picture,

  • your account details,

  • who viewed your story or post,

  • any personal information.

Each Share appears as an individual anonymous item.

Flaer may introduce optional features allowing Users to:

  • license or sell their photos/videos to Advertisers,

  • authorize businesses to use their content for marketing,

  • grant additional usage rights to third parties.

Such features will always require separate and explicit consent from the User.
Unless you opt in, Advertisers do not have any right to reuse your content outside the Flaer platform.

4.5 Restrictions on Flaer’s Use of Content

Flaer does not:

  • sell your content,

  • license your content to third parties without your consent,

  • use your content for public advertising,

  • use your content in marketing unless you grant explicit permission.

All uses are strictly limited to platform functionality.

4.6 Your Responsibilities When Submitting Content

By submitting content to Flaer, you represent and warrant that:

  • you own the content or have the right to use it,

  • the content does not infringe anyone’s copyright or rights,

  • the content complies with Instagram’s rules and community standards,

  • the content accurately represents the business you selected,

  • the content is authentic and not manipulated,

  • the content does not violate any laws or regulations.

If you use content you do not own (e.g., stolen photos), Flaer may suspend or terminate your account.

Flaer complies with copyright law.
If we receive a valid Digital Millennium Copyright Act (DMCA) takedown notice or similar request:

  • Flaer may remove the affected content,

  • Flaer may suspend monetization related to that content,

  • Flaer may notify the involved User,

  • Flaer may retain metadata for audit purposes.

Repeat copyright violations may lead to account termination.

4.8 No Public Display by Flaer

Flaer does not publicly display User content as part of a public-facing feed, gallery, or searchable archive outside the platform.

User content may be stored and delivered using third-party infrastructure (such as AWS S3 and content delivery networks) solely for the purpose of operating the Flaer services. Such content is not indexed, promoted, or intentionally made publicly discoverable by Flaer.

Flaer does not operate a public feed, export gallery, or publicly searchable content archive of User content.

4.9 Removal of Content

Content is removed from Flaer when:

  • you delete your Flaer account,

  • you submit an Instagram Data Deletion request.

If you delete the original Instagram post/story:

  • Flaer does not automatically delete the stored copy,

  • but the Share becomes unrewarded,

  • advertisers cannot be charged due to missing insights.

Flaer retains the stored copy for audit purposes until you delete your account.

5. Prohibited Conduct

You agree that you will not engage in, encourage, or assist others in engaging in any of the following prohibited activities while using Flaer. Violations of this section may result in the loss of rewards, removal of Shares, locked credit release, account suspension, permanent termination, legal action, or reporting to Instagram, Stripe, or other relevant platforms.

5.1 Manipulation of Insights, Rewards, or Algorithm

Users may not:

  • artificially inflate or manipulate reach, impressions, views, or engagement;

  • participate in engagement pods, automated tools, or services that boost metrics;

  • repeatedly repost identical or near-identical content solely to increase rewards;

  • attempt to bypass frequency multipliers or spam-prevention rules;

  • submit inauthentic or irrelevant content to advertisers;

  • attempt to reverse engineer or exploit Flaer’s reward algorithm.

Flaer may, at its sole discretion, determine whether behavior constitutes manipulation or fraud.

5.2 Misuse of the Monetization System

Users may not:

  • submit content for monetization if they did not lawfully post it on Instagram;

  • select a business the content does not genuinely promote;

  • post misleading, inappropriate, or deceptive content about a business;

  • attempt to monetize posts/stories that violate Instagram’s rules;

  • attempt to monetize content when Instagram access has been revoked;

  • attempt to submit Shares when the advertiser has insufficient credits by using unconventional technical workarounds.

5.3 Interference with Platform Integrity

Users and Advertisers may not:

  • interfere with Flaer’s normal operation, algorithms, or data flows;

  • attempt to hack, overload, or disrupt backend systems;

  • circumvent rate limits or security features;

  • access any internal system without authorization;

  • attempt to modify Flaer’s apps or use unauthorized modified clients.

5.4 Unauthorized Use of Content

Users may not upload or monetize:

  • content they do not own or lack rights to use,

  • copyrighted content belonging to third parties without permission,

  • images, photos, or videos copied from online sources,

  • content that impersonates another person or business.

Advertisers may not:

  • attempt to identify Users from anonymized content,

  • scrape, extract, or download content made available through the Flaer interface,

  • reuse content unless an explicit future licensing feature is offered and consented to.

5.5 Violation of Platform Policies

Users and Advertisers must not violate the terms of:

  • Instagram / Meta

  • Stripe

  • App Store / Google Play

  • Local advertising laws and consumer protection rules

Violations of these policies may result in immediate account suspension.

5.6 Fraudulent or Deceptive Behavior

You may not engage in:

  • deceptive business activity,

  • submitting fake or manipulated receipts, screenshots, or proof,

  • using bots to generate Shares,

  • registering multiple accounts to exploit referral bonuses or promotions,

  • attempting to withdraw funds that were not legitimately earned,

  • providing false information for KYC verification.

Flaer may withhold funds, reverse rewards, or terminate accounts associated with fraud.

5.7 Harmful or Illegal Activity

You may not use Flaer to:

  • engage in harassment, hate speech, or abuse,

  • upload illegal content,

  • promote violence or unsafe behavior,

  • impersonate individuals or businesses,

  • engage in conduct that violates local, state, or federal law.

5.8 Advertising and Business Misuse

Advertisers may not:

  • create fake or misleading business listings,

  • misrepresent prices, promotions, or services,

  • run campaigns with insufficient credits,

  • attempt to deny or dispute legitimate payouts,

  • manipulate aggregated insights,

  • charge back payments made to Flaer unless legally required.

5.9 No Reverse Engineering or Unauthorized Access

Users and Advertisers may not:

  • reverse engineer, decompile, or disassemble any part of Flaer,

  • access data not intended for them,

  • attempt to read or intercept backend API traffic,

  • use automated scripts or crawlers to collect data.

5.10 Consequences of Violations

Flaer reserves the right to take any action it deems appropriate, including:

  • adjusting rewards,

  • withholding or removing payouts,

  • blocking Shares,

  • releasing locked advertiser credits,

  • suspending User or Advertiser accounts,

  • permanently terminating accounts,

  • reporting misconduct to Instagram or Stripe.

Flaer has sole discretion in determining whether conduct violates these Terms.

6. Payment & Billing (High-Level)

6.1 Advertiser Payments and Credits

Advertisers fund their business account by purchasing Flaer Credits through Stripe.
Credits may be used to pay:

  • User Final Rewards,

  • applicable Flaer fees and platform cuts,

  • any future feature charges or monetization-related costs.

Credits are non-transferable, non-withdrawable, and have no cash value outside the Flaer platform. 
Except where required by applicable law, Credits are non-refundable and do not constitute currency, a stored-value instrument, or a bank account.

All purchases are final unless legally required otherwise.

6.2 Locked Credits at Share Creation

When a Share is created, Flaer may automatically lock a portion of the Advertiser’s credits (e.g., 1.5× the Estimated Reward) to ensure there are sufficient funds available when the Final Price is calculated.

Flaer may modify at any time:

  • the locked credit ratio,

  • minimum credit requirements,

  • eligibility rules for accepting new Shares.

Remaining locked credits are released once the Final Price is determined.

6.3 Final Price Deduction

Advertiser Credits are charged only after the Final Reward is calculated.

If the Final Price is:

  • If the Final Reward exceeds the Estimated Reward, Flaer will first apply any Credits locked at Share creation. If the locked Credits are insufficient, the remaining amount will be deducted from the Advertiser’s available Credit balance. If the available Credit balance is insufficient, the Final Price will be limited to the total Credits available.

  • If the Final Reward is lower than the Estimated Reward, any unused portion of the locked Credits will be released.

  • If the Final Reward is zero, all locked Credits will be released.

Advertisers cannot prevent payouts that are valid under the Terms of Monetization.

6.4 No Refunds

All payments made by Advertisers are non-refundable, including credits purchased, unused credits, locked credits, or credits associated with campaigns paused or stopped by the Advertiser.

Refunds may only occur if required by law or Stripe policy.

6.5 Service Fees and Flaer Platform Cut

Flaer may charge service fees or take a percentage of each monetized Share (“Flaer Platform Fee”).

Flaer may modify its fee structure at any time, including:

  • percentage of rewards taken,

  • referral cuts,

  • advertiser fees,

  • subscription options,

  • minimum or maximum pricing rules,

  • algorithmic pricing behavior.

Continued use of the platform constitutes acceptance of these changes.

6.6 Stripe Processing

All credit purchases and User withdrawals are processed through Stripe.

Stripe may require:

  • identity verification (KYC),

  • business verification,

  • additional documentation.

Flaer does not receive or store bank account numbers, card numbers, or government IDs.

Stripe’s terms apply to all financial transactions.

Any failure by Stripe to process payments is outside of Flaer’s control.

6.7 Billing Disputes

Advertisers agree to:

  • NOT initiate chargebacks unless legally justified,

  • resolve billing disputes directly with Flaer first,

  • provide accurate business and payment information.

Flaer reserves the right to:

  • suspend business accounts during disputes,

  • freeze advertiser credits,

  • disable campaigns,

  • terminate accounts for abusive chargeback behavior.

6.8 User Payouts (High-Level)

Users receive money only from Final Rewards via Stripe payouts.

Users must:

  • maintain a valid Stripe Connect account,

  • pass Stripe KYC (as required),

  • comply with the Terms of Monetization.

If the User fails KYC or closes their Stripe account:

  • payouts may be withheld,

  • rewards may be forfeited,

  • the account may be restricted.

6.9 Flaer’s Rights to Adjust Pricing and Algorithms

Flaer may modify at any time:

  • the reward algorithm,

  • frequency multipliers,

  • price floors or ceilings,

  • bonus structures,

  • referral rewards,

  • advertiser pricing models.

These adjustments may occur without prior notice and may affect Estimates, Final Rewards, or overall platform behavior.

6.10 Taxes

Users and Advertisers are responsible for:

  • reporting income they earn or spend,

  • fulfilling any applicable tax obligations.

Flaer does not withhold taxes on User payouts unless required by law.

7. Termination & Suspension

7.1 Termination by the User

You may delete your Flaer account at any time through the in-app settings.
Account deletion is permanent and results in:

  • removal of stored Instagram data,

  • removal of stored Share media (except limited audit records),

  • loss of access to the Flaer platform,

  • termination of all active sessions,

  • loss of access to current and future rewards.

All unpaid Shares are automatically forfeited upon account deletion. Once deleted, your account and associated rewards cannot be restored.

7.2 Termination by Flaer

Flaer may suspend or terminate your account, limit features, or block access to the platform at any time, with or without notice, if we determine, at our sole discretion, that:

  • you violated these Terms, the Terms of Monetization, or applicable laws,

  • you engaged in fraud, manipulation, or deceptive behavior,

  • you attempted to exploit or interfere with platform integrity,

  • your Instagram access token is invalid, expired, or revoked,

  • your Stripe account is restricted or fails KYC requirements,

  • your actions pose a risk to Flaer, our Users, or Advertisers,

  • your activities cause excessive disputes, chargebacks, or financial risk,

  • continuation of the account is not commercially or legally viable.

Flaer may also terminate accounts required by law, regulation, or platform policy (Instagram, Stripe, Apple, or Google).

7.3 Effects of Termination on Users

When a User account is suspended or terminated:

  • you cannot monetize additional content,

  • ongoing Shares become ineligible for payout,

  • any Share that has not yet received a Final Reward is permanently forfeited,

  • pending payouts may be withheld,

  • Stripe may freeze or decline payments if KYC is incomplete,

  • Flaer may retain ledger records for compliance and audit reasons.

“Pending,” “estimated,” or “active” Shares do not constitute earned income.

Only Final Rewards that have already been transferred to Stripe may remain payable.

7.4 Effects of Termination on Advertisers

When an Advertiser account is suspended or terminated:

  • all active campaigns may be paused or disabled,

  • all Shares awaiting insights may still be processed,

  • locked credits may be returned or forfeited at Flaer’s discretion,

  • advertiser dashboards and insights may become inaccessible,

  • no new Shares can be created by Users for the Advertiser,

  • credits associated with fraudulent or abusive behavior may be lost.

Termination does not relieve the Advertiser of responsibility for:

  • outstanding charges,

  • prior purchases,

  • chargeback fees,

  • Stripe penalties,

  • any obligations already incurred.

7.5 Chargebacks and Payment Disputes (Advertisers)

If an Advertiser initiates a chargeback, dispute, or reversal of credit purchases:

  • Flaer may immediately suspend or terminate the business account,

  • remaining credits may be frozen during investigation,

  • Shares submitted after the chargeback may be invalidated,

  • pending charges may be collected directly through Stripe or legal action.

Abusive or repeated chargebacks may result in:

  • permanent bans,

  • legal claims for damages,

  • recovery of costs associated with the chargeback.

Advertisers agree not to initiate chargebacks except where required by law.

7.6 Instagram Access Suspension

If Instagram access is revoked or expires:

  • Shares cannot be rewarded,

  • locked credits for the Share are released,

  • the User may be unable to continue monetizing content until access is restored.

Flaer is not responsible for losses caused by Instagram outages or permission failures.

7.7 Suspension for Security or Integrity Reasons

Flaer may immediately suspend accounts if:

  • suspicious activity is detected,

  • we detect attempts to manipulate insights, rewards, or algorithms,

  • bots, automation, or fake engagement are suspected,

  • advertiser credit behavior appears fraudulent,

  • payouts appear abnormal or unsafe.

Suspension may occur without prior notice to protect the platform.

7.8 Survival of Certain Terms

Upon termination, the following provisions remain in effect:

  • Content licenses (only for audit and compliance)

  • Payment obligations

  • Fraud and abuse rules

  • Limitation of liability

  • Dispute resolution and arbitration

  • Governing law

  • Definitions

  • Any section intended to survive termination

7.9 No Liability for Termination

Flaer is not liable to you for:

  • loss of access,

  • lost rewards,

  • lost credits,

  • inability to use the service,

  • impact on business operations,

  • termination of campaigns,

  • loss of monetization opportunities.

Flaer may terminate access to the Service at any time, for any reason, at its sole discretion.

8.1 Instagram / Meta

Many Flaer features depend on the Instagram API, including:

  • account authentication,

  • accessing media, captions, and metadata,

  • retrieving insights,

  • verifying content eligibility,

  • tracking Share visibility periods.

If Instagram:

  • restricts API access,

  • changes its permissions,

  • rate-limits requests,

  • fails to deliver insights,

  • deprecates endpoints,

  • revokes User permissions,

  • experiences an outage,

then:

  • Shares may become unrewarded,

  • insights may fail to load,

  • Final Rewards may remain null,

  • Users may lose access to monetization.

Flaer is not liable for any losses resulting from Meta’s systems or policies.

Flaer is not endorsed by, affiliated with, or sponsored by Instagram or Meta Platforms, Inc.

8.2 Stripe (Payments and KYC)

Stripe processes:

  • Advertiser credit purchases,

  • User withdrawals,

  • KYC identity checks,

  • business verification,

  • fraud and risk management.

Because Flaer does not control Stripe:

  • payouts may be delayed,

  • accounts may be restricted or frozen,

  • KYC may require documents,

  • withdrawals may fail,

  • payments may be reversed or declined.

Flaer is not responsible for:

  • Stripe outages,

  • Stripe disputes,

  • bank delays,

  • verification failures,

  • frozen funds,

  • chargeback fees.

Users and Advertisers must comply with Stripe’s terms and satisfy all verification requirements.

8.3 AWS (Amazon Web Services)

Flaer uses Amazon Web Services (“AWS”) to operate and host its infrastructure, including application services, data storage, and content delivery.

Flaer may store or process, among other things:

  • compressed media copies (S3),

  • Share metadata,

  • insight records,

  • platform logs (if enabled in the future).

AWS may experience outages or regional disruptions that affect:

  • access to stored content,

  • availability of Flaer services or features;

  • insight processing,

  • Share visibility inside the app.

Flaer is not responsible for downtime, data loss, or service interruptions caused by AWS outages or data center issues.

Flaer currently utilizes AWS infrastructure primarily in the us-east-1 region.

8.4 Appsflyer (Attribution and Analytics)

Flaer uses Appsflyer solely for:

  • install attribution,

  • referral link tracking,

  • diagnostics of marketing campaigns.

Appsflyer may collect device-level identifiers under its own policies.
Flaer does not use Appsflyer for behavioral tracking, targeted advertising, or cross-app tracking.

Appsflyer outages or attribution failures do not affect monetization or payouts.

8.5 Apple, Google, and OS-Level Services

Your device’s operating system, app store (Apple App Store or Google Play), and system frameworks may impact:

  • push notifications,

  • login sessions,

  • network behavior,

  • application stability,

  • permission dialogs.

Flaer is not responsible for OS-level failures or app store interruptions.

8.6 No Control Over Third-Party Policies

Each third-party service provider has independent:

  • terms of use,

  • privacy policies,

  • rate limits,

  • security practices,

  • uptime guarantees (or lack thereof).

These policies may change at any time, and Flaer has no control over such changes.

Your use of Flaer constitutes agreement that Flaer is not liable for any issues caused by third parties.

9. Third-Party Relationships, Platform Independence, and Communications

9.1 No Endorsement by Instagram or Meta

Flaer is an independent platform.
Flaer is not endorsed, sponsored, approved by, or affiliated with Instagram or Meta Platforms, Inc.

Use of Flaer requires compliance with:

  • Instagram Terms of Use,

  • Instagram API Platform Policies,

  • Meta's Community Standards.

Instagram may:

  • revoke tokens,

  • restrict API access,

  • modify endpoints,

  • limit insights availability,

  • impose rate limits,

  • change features at any time.

Flaer is not responsible for any limitations or failures caused by Instagram’s systems or policies.

9.2 No Endorsement by Stripe

Flaer uses Stripe for:

  • credit purchases,

  • payouts,

  • identity verification,

  • fraud screening.

Stripe may independently:

  • delay transfers,

  • request documentation,

  • freeze accounts,

  • decline payments,

  • reverse payouts.

Flaer is not responsible for Stripe’s decisions or failures.

9.3 No Endorsement by App Store, Google Play, or OS Providers

Flaer is independently developed and not endorsed by:

  • Apple Inc.,

  • Google LLC,

  • or any mobile OS provider.

Device-level behaviors such as:

  • push notifications,

  • permissions,

  • network conditions

may affect the Service.

9.4 Location-Based Features

Flaer may use your device’s approximate location to:

  • show nearby businesses,

  • render map-based discovery,

  • personalize recommendations.

Flaer does not store precise GPS coordinates and does not associate location data with your identity.

Users may disable location permissions at any time, although some features may become unavailable.

9.5 Push Notifications

Flaer may send push notifications for:

  • Share status updates,

  • monetization reminders,

  • advertiser credit alerts,

  • account or security notifications,

  • app updates or feature changes.

Users may disable notifications through device settings.
Some transactional notifications may still appear when required for platform security or compliance.

Flaer does not send third-party advertising notifications.

9.6 Advertiser Access to Insights

Advertisers may access:

  • performance insights for their business,

  • aggregated analytics across Shares,

  • anonymized Share insights,

  • campaign metrics.

Advertisers cannot:

  • identify Users,

  • view User names,

  • access raw Instagram data,

  • receive personal information.

All insights remain aggregated and anonymous.

9.7 Email Reports and Scheduled Summaries (Future Feature)

In the future, Flaer may offer Advertisers the ability to receive:

  • periodic performance summaries,

  • aggregated insights,

  • business performance digests,

  • Share statistics in anonymized form.

These summaries will be:

  • opt-in,

  • contain no personal data,

  • consistent with privacy and platform rules.

Flaer reserves the right to expand or modify analytics delivery methods.

9.8 No Third-Party Benefit

No third party (including Instagram, Stripe, AWS, Appsflyer, Apple, Google, or Advertisers) is a party to these Terms, nor does any third party have rights to enforce them.

10. Disclaimer of Warranties

You understand and agree that your use of the Service is at your own risk.
To the maximum extent permitted by law, Flaer provides the Service on an “as is,” “as available,” and “with all faults” basis, without warranties of any kind.

Flaer makes no representations or warranties, express or implied, regarding:

10.1 Service Availability

Flaer does not guarantee that the Service will be:

  • uninterrupted,

  • error-free,

  • secure,

  • free of delays,

  • compatible with all devices,

  • free from downtime,

  • free from data loss,

  • continuously operational.

Service interruptions may occur due to:

  • Instagram outages,

  • Stripe outages,

  • AWS downtime,

  • network failures,

  • maintenance windows,

  • system updates.

10.2 Accuracy of Estimates and Insights

Flaer does not guarantee:

  • the accuracy of Estimated Rewards,

  • the accuracy of insights retrieved from Instagram,

  • that Instagram will provide complete or timely data,

  • that a Share will receive a Final Reward,

  • that insights will reflect actual User performance,

  • that metadata or analytics will be free from errors.

Estimated Rewards are informational only and may change at any time.

10.3 No Guarantee of Earnings

Flaer does not guarantee that:

  • Users will earn any money,

  • rewards will exceed zero,

  • payouts will occur without delays,

  • monetization will remain available,

  • algorithms will remain unchanged,

  • businesses will continue funding credits,

  • Share frequency will not reduce reward amounts.

Participation in the Monetization Program does not create employment, contractor, partnership, or agency relationships with Flaer.

10.4 Advertiser Tools and Insights

Flaer does not guarantee:

  • the accuracy of aggregated advertiser insights,

  • the availability of campaign analytics,

  • that insights reflect actual customer behavior,

  • that Shares submitted by Users promote the business effectively,

  • that advertising outcomes will meet expectations.

Advertisers are solely responsible for their business decisions.

10.5 Third-Party Platforms

Flaer makes no warranties regarding:

  • Instagram APIs,

  • Stripe services,

  • Appsflyer attribution,

  • OS-level frameworks,

  • device performance,

  • external networks.

Failures, limitations, or policy changes by third parties may affect the Service, and Flaer is not responsible for any resulting losses.

10.6 Security

Flaer does not guarantee that:

  • uploaded media will never be lost or corrupted,

  • data transmission will always be secure,

  • unauthorized access will never occur,

  • the Service will be free of bugs or vulnerabilities.

Users are responsible for maintaining their own device security.

10.7 No Advice or Guarantee

Any information, tips, estimates, or suggestions provided by Flaer, whether in-app or through support, do not constitute:

  • legal advice,

  • business advice,

  • financial advice,

  • guarantees of future performance.

Users and Advertisers rely on all information at their own risk.

10.8 Disclaimer of Implied Warranties

All implied warranties—including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement—are expressly disclaimed.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Flaer, Inc., its officers, directors, employees, contractors, agents, affiliates, and partners (“Flaer Parties”) shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or related to your use of the Service.

This includes, without limitation:

  • lost profits or revenue,

  • loss of expected rewards,

  • loss of business opportunities,

  • loss of data or content,

  • inability to access the platform,

  • errors in reward calculations,

  • inaccurate or missing insights,

  • failed or delayed payouts,

  • advertiser credit disputes,

  • chargebacks,

  • IG token expiration or revocation,

  • Stripe account restrictions or delays,

  • outages or downtime of Instagram, Stripe, AWS, or other third parties.

11.1 Total Liability Cap

To the fullest extent permitted by law, Flaer’s total aggregate liability for any claim arising out of or relating to the Service shall not exceed:

For Users:

The greater of:

  • $100 USD, or

  • the amount of Final Rewards actually paid to you by Flaer in the previous 12 months.

For Advertisers:

The greater of:

  • $100 USD, or

  • the total amount paid by the Advertiser to Flaer in the previous 12 months.

This limit applies even if Flaer was advised of the possibility of damages.

11.2 No Liability for Third-Party Failures

Flaer is not responsible for the conduct, performance, or failures of:

  • Instagram / Meta,

  • Stripe,

  • AWS,

  • Appsflyer,

  • Apple or Google,

  • device manufacturers,

  • mobile operating systems,

  • internet providers,

  • advertisers,

  • any other third parties you interact with.

Any limitations, restrictions, outages, or policy changes by these companies may impact your ability to use Flaer. Flaer has no control over these systems and no liability for any resulting losses.

11.3 No Liability for User or Advertiser Actions

Flaer is not liable for:

  • content uploaded by Users,

  • advertiser behavior,

  • business information accuracy,

  • incorrect selections (e.g., wrong business chosen),

  • deleted Instagram posts or stories,

  • revoked API access,

  • inability to retrieve insights,

  • User mistakes,

  • advertiser mistakes,

  • failed KYC/verification,

  • violations of third-party terms.

Users and Advertisers are solely responsible for their actions on the platform.

11.4 Algorithm Adjustments

Flaer is not liable for:

  • changes to multipliers,

  • changes to pricing,

  • changes to eligibility rules,

  • changes to reward calculations,

  • reduced or zero rewards caused by frequency or spam behavior,

  • changes to Flaer’s platform cut,

  • referral program changes or discontinuation.

No User or Advertiser is entitled to compensation due to changes in algorithms, formulas, payout structures, or features.

11.5 Data Loss and Service Interruptions

Flaer is not liable for:

  • corrupted media files,

  • failed uploads,

  • data loss caused by outages,

  • delayed access to Shares,

  • display errors,

  • server downtime,

  • maintenance windows.

Service availability is not guaranteed.

The limitations in this Section apply to:

  • contract claims,

  • tort claims,

  • negligence claims,

  • strict liability,

  • statutory claims,

  • all other legal theories.

Some jurisdictions do not allow certain disclaimers; in such cases, the limitation applies to the maximum extent permitted by law.

12. Governing Law, Dispute Resolution, and Arbitration

12.1 Governing Law

These Terms are governed by and construed under the laws of the State of Delaware, USA, without regard to conflict-of-law principles.

Your use of the Service may also be subject to local, state, national, or international laws.

12.2 Mandatory Informal Resolution

Before initiating formal legal action, you agree to first contact Flaer at:

legal@flaer.app

and attempt to resolve the dispute informally.

If the dispute is not resolved within 30 days, either party may proceed with arbitration as described below.

12.3 Binding Arbitration (United States Users)

For Users and Advertisers residing in, or whose claims arise in, the United States, any dispute, claim, or controversy arising out of or relating to:

  • these Terms,

  • the Service,

  • reward calculations,

  • advertiser credits,

  • payouts,

  • content,

  • use of third-party services,

  • or any other interaction with Flaer,

shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Consumer Arbitration Rules as applicable.

Arbitration means:

  • no judge,

  • no jury,

  • no class actions,

  • private dispute resolution,

  • limited discovery,

  • faster and cheaper process,

  • final and binding decisions.

The place of arbitration shall be Delaware, unless both parties agree otherwise.

12.4 Class-Action Waiver

To the fullest extent permitted by law, you agree that any arbitration or legal proceeding shall be conducted ONLY on an individual basis.

You waive any right to participate in:

  • class actions,

  • class arbitrations,

  • representative actions,

  • consolidated proceedings.

This applies to all Users and Advertisers.

12.5 Exceptions to Arbitration

The following claims may be brought in a court instead of arbitration:

  1. Small claims that qualify under Delaware courts.

  2. Claims for injunctive relief related to:

    • intellectual property,

    • unauthorized access,

    • misuse of the Service.

In such cases, jurisdiction shall lie exclusively in the state or federal courts located in Delaware, and you consent to their authority.

12.6 International Users

If you reside outside the United States:

  • local law may require separate dispute procedures,

  • arbitration may not be enforceable,

  • the class-action waiver may not apply.

However, Delaware law still governs the Terms to the maximum extent permitted.

12.7 Attorneys’ Fees

In any arbitration or legal proceeding, each party bears its own costs, except where applicable law or AAA rules allow otherwise.

12.8 Time Limit to Bring Claims

Any claim arising out of or relating to the Service must be filed within:

ONE (1) YEAR

after the claim arises.

Otherwise, the claim is permanently barred.

12.9 Survival

This Section 12 survives:

  • termination of accounts,

  • deletion of data,

  • removal of the app,

  • suspension of the Service,

  • expiration of these Terms.

13. Changes to These Terms

13.1 Right to Modify

Flaer may update, modify, or replace these Terms, the Terms of Monetization, or any policies referenced in them at any time, at our sole discretion.

Changes may include:

  • updates to eligibility rules,

  • updates to monetization algorithms,

  • adjustments to reward calculations,

  • modifications to the platform fee (“Flaer’s cut”),

  • changes to referral programs,

  • new or modified advertiser credit requirements,

  • changes to features, services, or platform functionality,

  • compliance-related updates required by Instagram, Stripe, Apple, Google, or law.

Your continued use of the Service after any update constitutes acceptance of the revised Terms.

13.2 Notice of Material Changes

For changes deemed material (meaning they significantly affect rights or obligations), Flaer may provide notice by:

  • posting an in-app message,

  • displaying a notice on our website,

  • sending an email to your registered address,

  • updating the “Last Updated” date at the top of the Terms.

Flaer determines, at its discretion, what changes are considered material.

13.3 Retroactive Changes

Unless required by law, changes to these Terms are not retroactive and apply only going forward.

However, changes to:

  • reward algorithms,

  • advertiser pricing rules,

  • frequency multipliers,

  • platform fees,

  • referral structures,

  • eligibility requirements,

may apply immediately to any shares, campaigns, or activities not yet finalized.

13.4 User Responsibility to Review

You are responsible for reviewing the Terms periodically.
If you do not agree to the updated Terms, you must stop using the Service and delete your account.

13.5 Precedence of Documents

If there is a conflict between:

  • these Terms,

  • the Terms of Monetization,

  • in-app explanations,

  • support articles,

  • or marketing materials,

these Terms and the Terms of Monetization prevail.

14. Contact Information

If you have any questions, concerns, notices, or legal inquiries regarding these Terms, the Service, or your account, you may contact Flaer at:

Flaer, Inc. 251 Little Falls Drive
Wilmington, DE 19808
United States

Email: legal@flaer.app

For data protection and privacy-related requests (including Instagram Data Deletion), please follow the instructions in our Privacy Policy or contact:

legal@flaer.app

Flaer may update its contact information at any time.