1. Purpose

These General Terms of Use (“Terms”) 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, registered in the Rennes Trade and Companies Register under number 977 519 586, with its registered office at 2 Allée des Terrasses, 35230 Noyal-Châtillon-sur-Seiche, France (“the Publisher”).
The Platform enables advertisers (“Companies”) to create affiliate programs and associate affiliates, whether identified through social activity (e.g., Instagram mentions) or invited directly (e.g., by email).
An “Affiliate” refers to any individual or legal entity, content creator, customer, professional, or external contact who agrees to join an affiliate program offered through the Platform, regardless of the method of recruitment. This term includes anyone engaged in content creation or influence for commercial or professional purposes.
By accessing the Fluenceur platform (“the Platform”), users (“User,” referring to any individual or legal entity, company representative, or affiliate) agree to comply with these Terms without reservation.
These terms apply to all Users (Advertisers or Affiliates) accessing or using the Platform for any reason.

2. Access to Service
Access 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 Platform’s full features.
The Publisher may deny access to anyone not meeting registration conditions or whose previous use contravened these Terms.

3. Account Creation

Creating an account is mandatory to access Platform services. The user must provide accurate, complete, and up-to-date information. The user is solely responsible for the confidentiality of their credentials and all activities conducted under their account.

4. Contractual Commitment between Company and Affiliate

When a Company invites an Affiliate to join an affiliate program on the Platform, the Affiliate receives an invitation via email or a secure form containing the program name and proposed commission rate.
By clicking the unique access link (“magic link”), the Affiliate accesses a secure registration interface to create their account and access their personal affiliate portal. Before activation, they must:
– review applicable Affiliate conditions;
– tick the box for express acceptance of these conditions.
Accepting these Affiliate Conditions via this tick constitutes electronic signature under Article 1367 of the Civil Code and Article 26 of EU Regulation 910/2014 (eIDAS). This constitutes a binding contract between Affiliate and Company under the program terms.
Once activated, the Affiliate accesses their secure personal portal, where the following are available:
– detailed program information (type of payment, commission rate, duration, discount code if applicable);
– unique affiliate link; discount code;
– tracking of sales, commissions, and payments.

5. Archiving and Proof of Consent

Fluenceur securely stores proof of all acceptances and consents given by Users, including agreements concluded between Companies and Affiliates under affiliate programs. These are archived to ensure integrity, confidentiality, and accessibility in case of dispute or regulatory request.
As per Article 1368 of the Civil Code, these electronic records are considered reliable and admissible as evidence equivalent to paper records.

6. User Obligations

6.1. Legal Status Obligation

The Affiliate declares that they have a legally recognized status (self-employed, company, association, etc.) permitting them to receive commission income. The Affiliate guarantees to Fluenceur and the Advertiser that they comply with tax and social obligations.
Fluenceur may request proof of professional or fiscal status before approving a payment.
Payments are only made upon receipt of necessary tax or legal documents.

6.2. Liability Waiver for Advertiser and Fluenceur

Upon acceptance, the Affiliate acknowledges that the Advertiser and Fluenceur are not obliged to verify their legal/tax status or carry out checks. The Affiliate personally assumes all legal and tax consequences of their income, excluding the Advertiser and Fluenceur from liability.

6.3. Obligation to Notify of Status Change

The Affiliate agrees to immediately notify Fluenceur and the Advertiser of any changes to their legal, tax, or social status. Failure to notify makes the Affiliate solely liable.

6.4. Legal Effects

This clause aims to clearly allocate responsibilities. It releases the Advertiser and Fluenceur from verification obligations and liability in case of Affiliate status irregularity. In France and the EU, Affiliate autonomy and this waiver are in line with contractual liability principles, minimizing risk for Advertisers.
Each User undertakes to:
– Use the Platform in compliance with applicable laws;
– Not divert the Platform (fraud, commission evasion, spamming, etc.);
– Respect the intellectual property rights of Fluenceur and third parties;
– Not publish illegal, defamatory, offensive, pornographic, hateful, violent, or otherwise unlawful content;
– Observe rules of law no. 2023-451 of June 9, 2023, on commercial influence on social networks.

7. Intellectual Property

All elements of the Platform (texts, visuals, software, trademarks, logos, databases, etc.) are protected by intellectual property law. Reproduction or use without written authorization is strictly prohibited.

8. IT Security and Fraud Prevention

Fluenceur implements appropriate technical and organizational measures to ensure data security, confidentiality, and integrity. However, Users must ensure their own digital security and not compromise the Platform.
Any attempted fraud, unauthorized account access, program manipulation, or diversion of financial flows is strictly prohibited and may result in judicial proceedings, account suspension, and deletion without notice.
In case of suspension or deletion, the User will be informed by email, except in cases of manifest fraud or legal requirements.
Fluenceur may cooperate with authorities and share information to identify perpetrators of fraud or malicious acts.

9. Liability

9.1. Limitation of Liability

Digitsolutions, trading as Fluenceur, acts solely as a technical intermediary between Companies and Affiliates.
Fluenceur is not involved in the contractual, commercial, financial, or legal relationships between Companies and Affiliates in affiliate programs.
Fluenceur is not a party to any contracts between Users and is not responsible for contract performance, commission payments, content compliance, or product/service quality.
Fluenceur is not liable for disputes, breaches, payment delays, non-conformity, indirect damage, loss of opportunity, customers, or reputation from relationships between contracting parties.
Each User is solely responsible for their commitments and regulatory compliance.
Fluenceur does not guarantee uninterrupted service, which may be temporarily unavailable for technical/maintenance reasons. In case of prolonged unavailability, information will be provided as soon as possible.
Fluenceur will cooperate in good faith in case of disputes reported to its support, without this constituting an admission of liability.
Fluenceur’s liability is limited to the total sums paid by the User in the twelve (12) months preceding the damaging event.

9.2. Use of UGC (User Generated Content)

Content (photos, videos, posts) identified via Instagram integration and accessible via the Platform interface may only be used by the Company for internal consultation, creator qualification, and campaign management.
Any download or external use (commercial, advertising, or public dissemination) requires prior written consent from the creator, via the Platform’s chat or any documented means.
Fluenceur does not grant any intellectual property rights or licenses on displayed content. The Company is solely responsible for any unlawful or unauthorized use, especially under intellectual property and image rights.

10. User Code of Conduct

Each User agrees to:
– Act respectfully toward other members;
– Respect commitments made in affiliate programs;
– Avoid misleading, aggressive, or harmful communication toward Fluenceur or its users;
– Use the Platform in good faith;
– Contribute to the overall quality of the Fluenceur experience.
Any breach may result in warning, suspension, or account deletion, without prejudice to potential legal action.

11. Personal Data

Personal data collection and processing is done in accordance with GDPR. See the Fluenceur Privacy Policy.

12. Suspension or Deletion of Account

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

13. Modification of Terms

Fluenceur may change these Terms at any time. Changes will be notified to Users and take effect thirty (30) days from publication. Continued use of the Platform implies acceptance of updated Terms.

14. Governing Law and Jurisdiction

These Terms are governed by French law. In case of dispute, exclusive jurisdiction is given to the courts at the registered office of DIGITSOLUTIONS.

15. Use Limitation and Non-Competition

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

16. Force Majeure

Fluenceur is not liable for failure to fulfill its contractual obligations in the event of force majeure.

17. Applicable Version and Proof of Acceptance

Fluenceur keeps a timestamped copy of each version of these Terms. The electronically accepted version is binding.

18. Allocation of GDPR Responsibilities

Fluenceur acts as data controller for data collected in managing the Platform. Each Company registered on the Platform is an independent controller for the data it collects.
Each party undertakes to formalize, on request, a data processing agreement compliant with Article 28 of the GDPR when personal data is processed on behalf of the other.

19. Reference to Other Contractual Documents

These Terms are supplemented by the General Terms of Sale, Privacy Policy, and Cookie Policy.

20. Affiliates’ Tax Responsibilities

Each affiliate operates as an independent entity and is solely responsible for:
– Declaring income from the Platform;
– Issuing an invoice to Fluenceur for all commissions earned;
– Applying VAT if required by its fiscal status.
Fluenceur assumes no responsibility for affiliates’ tax or social obligations.
Without a compliant invoice, Fluenceur may suspend payment of commissions.

21. Proof of Payout

After each affiliate payment, Fluenceur issues a “Proof of Payout” document summarizing:

• Affiliate’s identity;
• Commission amount;
• Date and transaction ID.
  This document is not a legal invoice.

22. Express Acceptance of Tax Responsibilities

Upon registration and for each withdrawal request, the affiliate must expressly confirm they assume full responsibility for their tax obligations.