These Terms of Use (hereinafter the “Terms”) are intended to define the conditions of access, use, and operation of the Fluenceur platform, operated by the company 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 enables advertisers (hereinafter the “Companies”) to create affiliate programs and to associate Affiliates with them, whether identified through their social activity (e.g., mentions on Instagram) or invited directly (e.g., by email or via the Platform’s secure messaging).
An “Affiliate” means any natural or legal person, content creator, customer, professional, or external contact, who agrees to join an affiliate program offered via the Platform, regardless of the recruitment method. This term therefore covers any person carrying out a content creation or influencer activity, acting for commercial or professional purposes.
By accessing the Fluenceur platform (hereinafter the “Platform”), users (hereinafter the “User”, meaning any natural or legal person, whether a company representative or an Affiliate) agree to comply with these Terms without reservation.
These Terms apply to any User (Company or Affiliate) accessing or using the Platform, in any capacity whatsoever.
Access to the Platform is open to any adult having legal capacity to enter into a contract or validly representing a legal entity. Registration is required to access the full features of the Platform.
The Publisher reserves the right to refuse access to any person who does not meet the registration requirements or whose prior use of the Platform has been deemed contrary to these Terms.
Creating an account on the Platform is mandatory to benefit from its services. The User undertakes to provide accurate, complete, and up to date information. The User is solely responsible for the confidentiality of their credentials and for any activity carried out from their account.
When a Company invites an Affiliate to join an affiliate program via the Fluenceur Platform, the Affiliate receives an invitation by email (magic link) or via the Platform’s secure messaging, including in particular the name of the relevant program as well as the proposed commission rate.
By clicking on the unique access link (magic link) contained in this invitation, the Affiliate accesses a secure signup interface enabling them to create their account and access their personal affiliate portal. Before any effective activation, the Affiliate must:
Acceptance of these Affiliate Terms, materialized by this click, constitutes an electronic signature within the meaning of Article 1367 of the French Civil Code and Article 26 of Regulation (EU) No 910/2014 (eIDAS). It results in a firm contractual commitment between the Affiliate and the Company under the terms of the program.
Once the account is activated, the Affiliate accesses their secure personal portal, where the following are available:
Fluenceur retains, under security conditions compliant with industry standards, evidence of acceptances and consents expressed by Users on the Platform, including agreements entered into between Companies and Affiliates within the scope of affiliate programs. These elements are archived in a manner ensuring their integrity, confidentiality, and accessibility in the event of a dispute or regulatory request.
In accordance with Article 1368 of the French Civil Code, these electronic records are deemed reliable and admissible as evidence to the same extent as a writing on paper.
Fluenceur implements a declarative verification process upon Affiliate registration. The Company nevertheless acknowledges that the accuracy of tax information provided by the Affiliate remains the sole responsibility of the Affiliate.
By accepting these Terms, the Affiliate acknowledges that the Company and Fluenceur are not required to verify the Affiliate’s legal or tax status, nor to perform prior checks. The Affiliate undertakes to assume full responsibility for all legal, tax, and social consequences related to the income received, without the Company or Fluenceur being held liable in case of non compliance.
The Affiliate undertakes to immediately inform Fluenceur and the Company in writing of any change to their legal, tax, or social status. Any failure to notify shall entail the Affiliate’s exclusive liability and exclude that of Fluenceur and the Company.
This clause is intended to clearly allocate responsibilities between the parties and to limit, to the extent permitted by law, the verification obligations borne by the Company and Fluenceur. In France and in the EU, the Affiliate’s autonomy and the above disclaimer are compatible with contractual liability principles, so as to limit risks for Companies
Each User undertakes to:
All elements composing the Platform (texts, visuals, software, trademarks, logos, databases, etc.) are protected by intellectual property law. Any reproduction, distribution, or use without written authorization is strictly prohibited.
Fluenceur implements appropriate technical and organizational measures to ensure the security, confidentiality, and integrity of data stored and exchanged via the Platform. However, each User is responsible for ensuring the security of their own digital environment and undertakes not to compromise, voluntarily or otherwise, the security of the Platform.
Any attempt at fraud, unauthorized access to third party accounts, manipulation of affiliate programs, or misappropriation of financial flows is strictly prohibited and may lead to legal proceedings, immediate account suspension, and permanent profile deletion.
In the event of suspension or deletion, the User will be informed by email of the reasons for the decision, except in cases of manifest fraud, security risk, or legal obligation to the contrary.
Fluenceur reserves the right to cooperate with competent authorities and to provide any useful information to identify the perpetrators of fraudulent or malicious acts.
The company Digitsolutions under the trade name Fluenceur acts exclusively as a technical intermediary and a platform connecting Companies (principals) and affiliates (Affiliates). As such:
Fluenceur does not guarantee continuous availability of the service, which may be temporarily suspended for technical reasons or maintenance. In the event of prolonged unavailability, information will be communicated as soon as possible.
Fluenceur nevertheless undertakes to cooperate in good faith in the event of a dispute reported via its support, without this constituting any acknowledgment of liability.
Fluenceur’s liability shall not exceed the total amount paid by the User during the twelve (12) months preceding the event giving rise to the damage.
Content (photos, videos, publications) identified via the Instagram integration and made accessible in the Platform interface may only be used by the Company for internal consultation purposes, creator qualification, and campaign management.
Any download or external reuse of such content (for commercial, advertising, or public distribution purposes) is strictly subject to obtaining the prior express and written consent of the relevant creator, through the discussion thread integrated into the Platform or by any other documented means.
Fluenceur grants no intellectual property rights or license over the content displayed. The Company remains solely responsible for any unlawful or unauthorized use of downloaded media, in particular with regard to intellectual property law or image rights.
Each User undertakes to:
Any breach may result in a warning, suspension, or account deletion, without prejudice to potential legal action.
The collection and processing of Users’ personal data are carried out in accordance with the GDPR. See Fluenceur’s Privacy Policy.
In the event of a breach of these Terms, Fluenceur reserves the right to suspend or delete a User account. This measure may take effect immediately in cases of fraud, security risk, serious breach, or manifest abuse. The User is informed by email of the reasons for the decision, except where otherwise required by law.
Fluenceur reserves the right to amend these Terms at any time. Amendments will be notified to Users and will enter into force within thirty (30) days from publication. Continued use of the Platform constitutes acceptance of the updated Terms.
These Terms are governed by French law. In the event of a dispute, exclusive jurisdiction is attributed to the competent courts of the registered office of DIGITSOLUTIONS.
The User undertakes not to use the Platform for the development or promotion of a competing service, nor to systematically extract or reuse all or part of the data accessible via the Platform.
Fluenceur shall not be held liable for any failure to perform its contractual obligations in the event of a force majeure event.
Fluenceur retains a timestamped copy of each version of these Terms. The electronically accepted version shall prevail between the parties.
Depending on the nature of the processing, Fluenceur acts as a data controller or a processor within the meaning of the GDPR for data processed in the context of managing the Platform. Each Company registered on the Platform may be an independent data controller for the data it collects and processes for its own purposes.
Each party undertakes, upon request, to formalize a data processing agreement compliant with Article 28 of the GDPR when personal data processing is carried out on behalf of the other.
These Terms are supplemented by the General Terms and Conditions of Sale (CGV), the Privacy Policy, and the Cookie Policy.
These Terms are drafted in French. In the event of translation into another language, only the French version shall prevail between the parties in the event of a dispute, interpretation, or discrepancy between versions.