Terms of Use


1. Purpose

These Terms of Use (hereinafter “CGU”) define the conditions of access, use, and operation of the Fluenceur platform, operated by DIGITSOLUTIONS, a simplified joint-stock company with a share capital of 1,000 euros, registered with the Rennes Trade and Companies Register under number 977 519 586, whose registered office is located at 2 Allée des Terrasses, 35230 Noyal-Châtillon-sur-Seiche, France (hereinafter “the Publisher”).

The Platform allows advertisers (hereinafter “Businesses”) to create affiliate programs and associate Affiliates, whether they are identified via their social activity (e.g., Instagram mentions) or invited directly (e.g., via email).

“Affiliate” refers to any natural or legal person, content creator, customer, professional, or external contact who agrees to join an affiliate program offered through the Platform, regardless of the recruitment method. This term includes any person engaged in content creation or influence activities for commercial or professional purposes.

By accessing the Fluenceur platform (hereinafter “the Platform”), users (hereinafter “the User”, referring to any natural or legal person, whether a business representative or an affiliate) agree to comply with these CGU without reservation.

These conditions apply to any User (Advertiser or Affiliate) accessing or using the Platform in any capacity.

2. Access to the service

Access to the Platform is open to any adult with legal capacity to enter into a contract or validly represent a legal entity. Registration is required to access the full features of the Platform.

The Publisher reserves the right to deny access to any person who does not meet the registration requirements or whose prior use of the Platform has been deemed contrary to these CGU.

3. Account creation

Creating an account on the Platform is mandatory to benefit from its services. The User agrees to provide accurate, complete, and up-to-date information. They are solely responsible for maintaining the confidentiality of their login credentials and any activity performed through their account.

4. Contractual commitment between the Business and the Affiliate

When a Business invites an Affiliate to join an affiliate program via the Fluenceur Platform, the Affiliate receives an invitation by email or through a secure form, including the name of the relevant program and the proposed commission rate.

By clicking on the unique access link (magic link) contained in the invitation, the Affiliate accesses a secure registration interface allowing them to create their account and access their personal affiliate portal. Before activation, the Affiliate must:

  • review the applicable Affiliate Conditions;
  • check the box indicating their express acceptance of these conditions.

Acceptance of these Affiliate Conditions, materialized by this click, constitutes an electronic signature under Article 1367 of the French Civil Code and Article 26 of Regulation (EU) No. 910/2014 (eIDAS). It constitutes a binding contractual commitment between the Affiliate and the Business regarding the program terms.

Once the account is activated, the Affiliate gains access to their secure personal portal, where the following are available:

  • detailed program information (type of remuneration, commission rate, duration, discount code where applicable);
  • their unique affiliate link and discount code;
  • tracking of sales, generated commissions, and payments.

5. Archiving and proof of consents

Fluenceur securely stores, under industry-standard conditions, evidence of acceptances and consents expressed by Users on the Platform, including agreements made between Businesses and Affiliates within affiliate programs. These elements are archived to ensure their integrity, confidentiality, and accessibility in case of dispute or regulatory request.

In accordance with Article 1368 of the French Civil Code, these electronic records are presumed reliable and admissible as evidence in the same manner as a paper document.

6. User obligations

6.1 Verification of Affiliate status

Fluenceur implements a declarative verification process during the Affiliate’s registration. The Business acknowledges that the accuracy of tax information provided by the Affiliate is the sole responsibility of the latter.

6.2 Liability waiver for the Business and Fluenceur

By accepting these conditions, the Affiliate acknowledges that the Business and Fluenceur have no obligation to verify their legal or tax status, nor to perform any prior checks. The Affiliate agrees to assume full responsibility for all legal, fiscal, and social consequences linked to the income received, without Fluenceur or the Business being held responsible in case of non-compliance.

6.3 Mandatory notification of status change

The Affiliate agrees to immediately inform Fluenceur and the Business in writing of any change in legal, tax, or social status. Any failure to notify is the sole responsibility of the Affiliate and excludes any liability from Fluenceur and the Business.

6.4 Legal effects

This clause clearly allocates responsibilities between the parties. It is sufficient to release the Business and Fluenceur from any verification obligation and protects them from liability in case of irregularity in the Affiliate’s status. In France and the EU, the autonomy of the Affiliate and this liability waiver comply with contractual liability principles, limiting risk for Businesses.

Each User agrees to:

  • Use the Platform in compliance with applicable laws and regulations;
  • Not divert the Platform from its intended purpose (fraud, commission bypassing, spamming, etc.);
  • Respect Fluenceur’s and third-party intellectual property rights;
  • Not publish illegal, defamatory, offensive, pornographic, hateful, or violent content, or any content violating applicable regulations;
  • Comply with the rules of Law No. 2023-451 of June 9, 2023 on commercial influence.

7. Intellectual property

All elements composing the Platform (texts, visuals, software, trademarks, logos, databases, etc.) are protected by intellectual property law. Any reproduction, distribution, or unauthorized use is strictly prohibited.

8. IT security and fraud prevention

Fluenceur implements appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of data stored and exchanged on the Platform. However, each User is responsible for securing their own digital environment and agrees not to compromise the Platform’s security, intentionally or otherwise.

Any attempted fraud, unauthorized account access, manipulation of affiliate programs, or diversion of financial flows is strictly prohibited and may result in legal action, immediate account suspension, and permanent profile deletion without notice.

In case of suspension or deletion, the User will be notified by email of the reasons for the decision, except in cases of obvious fraud or legal obligations preventing such notification.

Fluenceur reserves the right to cooperate with competent authorities and provide any useful information to identify perpetrators of fraudulent or malicious acts.

9. Responsibilities

9.1 Limitation of liability

Digitsolutions, under the trade name Fluenceur, acts exclusively as a technical intermediary and networking platform between Businesses (ordering parties) and Affiliates. As such:

  • Fluenceur does not intervene in contractual, commercial, financial, or legal relations between Businesses and Affiliates;
  • Fluenceur is not party to affiliate contracts between Users, nor does it guarantee contractual execution, commission payments, content compliance, or product/service quality;
  • Fluenceur cannot be held responsible for disputes, commercial disagreements, payment delays, non-compliance, indirect damages, loss of business opportunities, customers, or reputation;
  • Each User is solely responsible for their obligations and compliance with applicable regulations.

Fluenceur does not guarantee uninterrupted availability of the service, which may be temporarily suspended for technical or maintenance reasons. In case of prolonged unavailability, Users will be informed as soon as possible.

Fluenceur agrees to cooperate in good faith in case of dispute reported through its support, without such cooperation constituting an acknowledgment of liability.

Fluenceur’s liability shall not exceed the total amount paid by the User over the twelve (12) months preceding the event giving rise to the damage.

9.2 Use of UGC (User Generated Content)

Content (photos, videos, publications) identified via Instagram integration and displayed on the Platform may only be used by the Business for internal consultation, creator qualification, and campaign management.

Any download or external reuse (e.g., commercial, advertising, or public distribution) strictly requires prior explicit written consent from the creator, via the Platform messaging tool or any documented method.

Fluenceur grants no intellectual property rights or licenses over displayed content. The Business is solely responsible for any unlawful or unauthorized use of downloaded media, particularly under Intellectual Property Law or image rights.

10. User behavior guidelines

Each User agrees to:

  • Adopt respectful behavior toward other members;
  • Honor commitments made within affiliate programs;
  • Avoid misleading, aggressive, or harmful communications toward Fluenceur or its Users;
  • Use the Platform in good faith;
  • Contribute to a positive and collective experience on Fluenceur.

Any breach may result in warnings, suspension, or account deletion, without prejudice to additional legal action.

11. Personal data

Personal data collection and processing are carried out in accordance with the GDPR. See Fluenceur’s Privacy Policy.

12. Account suspension or deletion

In the event of violation of these CGU, Fluenceur reserves the right to suspend or delete a User account, without notice or compensation.

13. Modification of the CGU

Fluenceur reserves the right to modify these CGU at any time. Changes will be notified to Users and will take effect thirty (30) days after publication. Continued use of the Platform constitutes acceptance of the updated CGU.

14. Governing law and jurisdiction

These CGU are governed by French law. In case of dispute, exclusive jurisdiction is granted to the competent courts of DIGITSOLUTIONS’ registered office.

15. Usage limitation and non-competition

The User agrees not to use the Platform for developing or promoting a competing service, nor to extract or reuse systematically any data from the Platform.

16. Force majeure

Fluenceur shall not be held responsible for any contractual failure resulting from a force majeure event.

17. Applicable version and proof of acceptance

Fluenceur keeps a timestamped copy of each version of these CGU. The version accepted electronically is binding between the parties.

18. Allocation of responsibilities under the GDPR

Fluenceur acts as data controller for data collected for platform management. Each Business registered on the Platform is an independent controller for the data it collects.

Each party agrees to formalize, upon request, a data processing agreement compliant with Article 28 of the GDPR when processing is performed on behalf of the other party.

19. References to other contractual documents

These CGU are supplemented by the General Terms of Sale (CGV), the Privacy Policy, and the Cookie Policy.

These Terms are written in French. In case of translation into another language, the French version prevails in case of dispute, interpretation, or conflict between versions.