Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Flence, a multilingual e-commerce and networking platform for creative professionals.

Flence enables B2B (business-to-business), B2C (business-to-consumer), and crowdfunding sales with a focus on cosmetics, fashion, jewelry, and lifestyle products.

By accessing or using Flence, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Service Description

Flence provides the following services:

• Design Collections: Public marketplace for consumers to purchase creative products (fashion, jewelry, art, lifestyle, home decor)
• B2B Hub: Professional marketplace for members to trade supplies, services, and wholesale products
• Visual Board & Custom Offers: Shared mood board canvas for creative teams, with full approval workflow, and a private offer system to sell directly to clients via negotiated pricing, 2-way counteroffer threads, and Stripe-secured payment. The Project Leader receives 80% of the agreed price; Flence retains a 20% platform fee.
• Creative Studio — Solo Visual Boards: Personal mood board canvas for individual creatives. Users may finalize boards and pitch them directly to clients via a private offer (Stripe Connect required to receive payment; Flence retains a 20% platform fee).
• Creative Studio — Project Planning (AI Planner): AI-powered solo project planner that generates proportional phase-and-task plans based on the user's project brief and questionnaire. AI suggestions are starting points — users are responsible for reviewing and adapting them. Plan generation may occasionally produce inaccurate or generic output.
• Creative Studio — Task Planner: A personal 3-column Kanban board (To Do / In Progress / Done) for managing solo tasks.
• Operations Hub Calendar: A premium calendar that aggregates orders, returns, tasks, and collaboration milestones from the user's Flence account. Supports custom event creation, email/bell reminders, ICS export (compatible with Apple Calendar, Google Calendar, Outlook), and optional Google Calendar OAuth sync. Reminder emails are sent via SendPulse. Google Calendar sync requires the user to authorize a Google OAuth connection; users may revoke this access at any time.
• Performance Hub Analytics: An analytics dashboard (Insider and Professional tier) showing relative-scale activity charts, Composition Donut, and 24 KPI tiles across Social, Sales, Collabs, Offers, Creative, and Crowdfunding categories. Data is sourced from user activity on the platform and is presented for informational purposes only.
• Crowdfunding Platform: Tools for creators to launch funding campaigns for creative projects
• Professional Networking: Collaboration requests, messaging, file sharing, task management
• AI-Powered Tools: Legal document generation, chatbot assistance, portfolio content analysis and tag recommendations, AI project plan generation
• Personal Vanity URL: A personalised profile URL (flence.com/@slug) acting as a public portfolio storefront
• Third-Party Integrations: Optional connections to external services (Stripe, FashionSpyder.com, Google Calendar, etc.)

3. User Accounts and Eligibility

3.1 Account Creation

• You must be at least 18 years old to create an account
• You must provide accurate, current, and complete information
• You are responsible for maintaining account security and confidentiality
• You may not share your account or allow others to access it
• One person or entity may maintain only one account

3.2 Account Types

• Professional Accounts: For creative professionals selling products/services or seeking collaboration
• Shopper Accounts: For consumers purchasing products from the B2C marketplace
• Business Accounts: For registered companies and brands

3.3 Verification Requirements

Sellers and crowdfunding creators must:

• Complete identity verification (government-issued ID)
• Provide valid tax information (VAT number or tax ID)
• Verify business registration (if applicable)
• Connect payment accounts (Stripe Connect)

4. User Conduct and Prohibited Activities

4.1 You Agree NOT To:

• Violate any laws, regulations, or third-party rights
• Post false, misleading, or fraudulent content
• Sell counterfeit, stolen, or prohibited items
• Harass, abuse, threaten, or discriminate against other users
• Upload malware, viruses, or harmful code
• Spam, phish, or engage in unsolicited marketing
• Scrape, crawl, or automatically collect platform data
• Circumvent security measures or exploit vulnerabilities
• Impersonate others or misrepresent your identity
• Manipulate reviews, ratings, or endorsements
• Engage in money laundering, fraud, or financial crimes
• Use the platform for illegal transactions or activities

4.2 Seller Responsibilities

• Accurately describe products and services
• Honor stated prices, availability, and shipping times
• Fulfill orders promptly and professionally
• Respond to customer inquiries within 48 hours
• Handle returns and refunds per your stated policies
• Maintain proper tax documentation and compliance
• Ensure products meet safety and quality standards
• Respect intellectual property rights

4.3 Buyer Responsibilities

• Provide accurate shipping and contact information
• Pay for purchases in full and on time
• Review seller policies before purchasing
• Communicate respectfully with sellers
• File disputes in good faith with valid reasons
• Accept deliveries and confirm receipt when appropriate

5. Transactions and Payments

5.1 Payment Processing

All payments are processed securely through Stripe. We do not store your full payment card details. By making a purchase, you agree to Stripe terms and conditions.

5.2 Platform Fees and Payment Structure

Flence operates on a transparent fee model with secure payment processing through Stripe Connect:

• B2C Sales (Consumer Products): 10% platform commission. Sellers connect their Stripe Standard account and receive 90% of each sale directly.
• B2B Sales (Professional Marketplace): 10% platform commission. The same rate applies to all professional marketplace transactions, ensuring consistent and transparent pricing for all seller types.
• Visual Board Custom Offers: 20% platform fee on every completed deal. The designated Project Leader receives 80% of the agreed client price directly to their Stripe Connect account. The fee is non-refundable once payment is confirmed. Flence is not liable for disputes between the client and the creative team regarding deliverable quality or timeline.
• Crowdfunding - Flexible: 10% platform fee. Backers are charged immediately when pledging.
• Crowdfunding - All-or-Nothing: 5% platform fee. Cards are only charged if the campaign goal is met and admin-approved.
• Membership Subscriptions: Monthly or annual fees as stated in our pricing plans.

5.3 Escrow and Fund Protection

Marketplace Transactions: Payments are processed as Direct Charges on seller's connected Stripe Standard account. The platform fee (10% for both B2B and B2C) is automatically deducted via application_fee_amount. Sellers receive funds directly in their Stripe account and control their own payout schedule. In case of disputes or chargebacks, Stripe handles the resolution with zero financial liability to Flence.

Crowdfunding Payment Models: Flence uses two distinct payment processing models based on campaign type:

• For All-or-Nothing Campaigns (Deferred Payment Model): Backer payment cards are securely saved via Stripe SetupIntents but NOT charged during the campaign. This means backers are NOT charged until the campaign succeeds. If the funding goal is not met by the deadline, saved payment methods are discarded and no charges occur (no refunds needed). If the goal IS met, an admin reviews the campaign (1-3 days) and if approved, ALL saved cards are charged simultaneously. Funds are then immediately transferred to the creator's Stripe account minus the 5% platform fee. Note: Approximately 5-10% of saved cards may decline when charged; these failed charges automatically retry once daily for 10 days with email notifications to backers.
• For Flexible Campaigns (Immediate Payment Model): Backers are charged immediately when they pledge using Stripe destination charges. Funds are transferred directly to the creator's Stripe account right away, minus the 10% platform fee. No escrow or admin approval is required. Creators receive funds regardless of whether the campaign goal is met.
• Co-Creator Splits: Campaign owners can add co-creators (other Stripe-connected accounts) and specify custom revenue splits (e.g., 60% main creator, 40% co-creator). For All-or-Nothing campaigns, splits are distributed when funds are released after admin approval. For Flexible campaigns, splits occur at the time of each pledge.
• Backer Protection: All-or-Nothing campaigns protect backers by not charging their cards until success is verified. Flexible campaigns offer immediate payment to creators but backers can dispute charges via Stripe if deliverables are not met. Flence reserves the right to cancel fraudulent or misleading campaigns.

5.4 Refunds and Disputes

• Refunds are governed by individual seller policies
• Disputes should be resolved directly with sellers when possible
• Platform may mediate disputes but is not responsible for transaction outcomes
• Chargebacks may result in account suspension pending investigation

5.4 Taxes

Sellers are responsible for calculating, collecting, and remitting all applicable taxes (VAT, sales tax, etc.). Platform calculates VAT automatically for EU transactions but sellers remain legally responsible for compliance.

6. Intellectual Property

6.1 Platform Content

The Flence platform, including its code, design, logos, trademarks, and content, is owned by Influentive LTD and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without written permission.

6.2 User Content

• You retain all rights to content you upload (photos, videos, descriptions, artwork)
• You grant Flence a non-exclusive, worldwide license to display, reproduce, and distribute your content on the platform
• You represent that you own or have rights to all uploaded content
• You are responsible for ensuring content does not infringe third-party rights

6.3 Copyright Infringement

We respect intellectual property rights. If you believe content on Flence infringes your copyright, contact us at copyright@flence.com with detailed information. We will investigate and take appropriate action.

7. Visual Collaboration Board & Commission Payments

7.1 Visual Collaboration Board

Accepted collaborations on Flence have access to a shared Visual Collaboration Board — a creative canvas for pinning reference images, organising sections, and building a collective brief. All members of a collaboration may add, edit, and remove pins. Any edit to a finalized board reopens it and requires fresh approval from all collaborators before a Presentation can be regenerated.

7.2 Approval Flow

A board must receive explicit approval from every collaborator before it can be used to generate a client Presentation. By approving a board, you confirm that the content is accurate, you have the rights to all pinned images, and you consent to it being shared with external clients as part of a Presentation.

7.3 Visual Board Offers

Once a board is finalized and approved, the designated Project Leader may create a private Visual Board Offer — a unique, non-public link sent directly to a specific client. The offer includes the visual board imagery, team details, deliverables, timeline, and a proposed price.

7.4 Negotiation & Counteroffer

The client and the Project Leader may engage in a 2-way price negotiation. Each party may propose a different price with a message. The offer moves through statuses: Open → Countered → Accepted → Paid. Payment is only possible once both parties have agreed on a final price. The Project Leader (and only the leader) may accept, counter, or decline on behalf of the team.

7.5 Offer Payments & Fees

Clients pay via Stripe Checkout on the offer page. Flence retains a 20% platform fee from the agreed price; the remaining 80% is transferred directly to the Project Leader's Stripe Connect account. Standard Stripe payment processing fees also apply. The platform fee is non-refundable once payment is confirmed.

7.6 Offer Lifecycle & Archiving

• Paid offers move to Completed status and are permanently archived — they cannot be deleted
• Completed deals appear in the Project Leader's Seller Hub under "Offer History"
• Open or countered offers may be closed by the Project Leader at any time by declining them
• Flence reserves the right to suspend offers or refund payments if fraudulent activity is detected
• The creative team is responsible for delivering all agreed deliverables; Flence is not liable for delivery disputes

8. AI-Generated Content

7.1 AI Legal Documents

• AI-generated legal documents are templates for informational purposes only
• They do not constitute legal advice
• You should consult a qualified attorney before relying on any AI-generated document
• Flence is not liable for the legal adequacy or enforceability of AI-generated documents
• Users are solely responsible for reviewing, editing, and ensuring documents meet their needs

7.2 AI Chatbot

Our AI chatbot provides general guidance and information. It does not provide legal, financial, or professional advice. For critical matters, contact our support team or consult appropriate professionals.

9. Third-Party Services and Integrations

8.1 Trackdesk Affiliate Integration

Flence offers technical integration with Trackdesk for affiliate marketing. Important disclaimers:

• Trackdesk is a third-party service operated independently of Flence
• You are solely responsible for your Trackdesk account, fees, and affiliate agreements
• Flence receives no fees from Trackdesk integrations
• Flence is not a party to affiliate contracts or commission payments
• You must comply with Trackdesk terms and all applicable affiliate marketing regulations

8.2 Payment Processing (Stripe)

Payment processing is handled by Stripe. By using our payment features, you agree to Stripe terms of service.

8.3 Other Third-Party Services

Flence may integrate with other third-party services. Use of such services is subject to their respective terms. We are not responsible for third-party service performance, availability, or data handling.

10. Subscription Plans and Billing

9.1 Membership Tiers

• Explorer (Free): Basic access with limited portfolios and features
• Insider (10 EUR/month or 100 EUR/year): Unlimited portfolios, 3 AI legal documents per month, collaboration tools
• Professional (25 EUR/month or 220 EUR/year): Full access including B2B marketplace, unlimited AI documents, premium support

9.2 Billing and Renewals

• Subscriptions auto-renew unless cancelled
• You will be charged at the start of each billing period
• Prices may change with 30 days notice to existing subscribers
• Upgrades take effect immediately; downgrades at next billing cycle

9.3 Cancellation

• You may cancel anytime before the next renewal
• Cancellation stops future charges but does not provide refunds for current period
• Access continues until the end of your paid period
• We reserve the right to modify or discontinue plans with notice

11. Content Guidelines

10.1 Prohibited Content

You may not post content that:

• Is illegal, fraudulent, or promotes illegal activities
• Infringes intellectual property rights (copyright, trademark, patents)
• Contains hate speech, threats, harassment, or discriminatory material
• Is sexually explicit, pornographic, or exploitative
• Promotes violence, self-harm, or dangerous activities
• Is spam, misleading, or deceptive
• Contains personal information of others without consent
• Violates privacy or publicity rights

10.2 Product Listings

• Must accurately represent the item being sold
• Must include clear photos, honest descriptions, and accurate pricing
• Must not sell prohibited items (weapons, drugs, regulated goods without licenses)
• Must comply with applicable consumer protection laws
• Must honor stated return and refund policies

12. Moderation and Enforcement

• We reserve the right to review, moderate, or remove any content
• We may suspend or terminate accounts for violations
• Violations may result in warnings, temporary suspension, or permanent ban
• Repeat violations or serious offenses result in immediate termination
• We cooperate with law enforcement when required
• Banned users forfeit access but remain liable for obligations

13. Limitation of Liability

12.1 Platform As Is

Flence is provided as is and as available without warranties of any kind, express or implied. We do not guarantee uninterrupted, error-free, or secure access.

12.2 No Liability For:

• User-generated content, listings, or communications
• Quality, safety, legality, or accuracy of products sold by sellers
• Disputes between buyers and sellers
• Third-party services (Stripe, Trackdesk, etc.)
• AI-generated content accuracy or legal adequacy
• Lost profits, data, or business opportunities
• Indirect, incidental, or consequential damages

12.3 Maximum Liability

Our total liability to you for any claims arising from your use of Flence shall not exceed the greater of: (a) 100 EUR, or (b) the total fees you paid to us in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Influentive LTD, Flence, and our officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the platform, (b) your content or listings, (c) your violation of these Terms, (d) your violation of any laws or third-party rights, or (e) disputes with other users.

15. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Malta, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes shall be resolved in the courts of Malta. EU users retain the right to bring claims in their country of residence.

14.3 Informal Resolution

We encourage users to contact us first to resolve disputes informally before pursuing legal action.

16. Termination

• You may terminate your account anytime through account settings
• We may suspend or terminate accounts for violations, fraud, or inactivity
• Upon termination, you lose access but remain liable for obligations (unpaid fees, pending orders)
• Certain data is retained for legal compliance (see Privacy Policy)
• Signed legal documents remain valid and enforceable after account termination

17. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email or prominent platform notice at least 30 days before taking effect. Continued use after changes constitutes acceptance. If you disagree with changes, you may terminate your account.

18. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

19. Professional Recruitment Service (FashionSpyder.com)

17.1 Service Description

Flence offers an optional paid subscription service ("Professional Recruitment Service" or "Recruiting Mode") that enables users to showcase their professional profiles on FashionSpyder.com, a separate recruitment platform operated by Flence/Influentive LTD. This service connects fashion and creative professionals with HR departments, headhunters, and employers in the fashion and creative industries.

17.2 Separate Service Infrastructure

FashionSpyder.com operates on separate infrastructure from the main Flence platform, including:

• Separate database systems and data storage
• Independent servers and hosting infrastructure
• Different domain name and web application
• Separate user authentication and access controls
• Distinct privacy policies and data handling procedures

While FashionSpyder.com is owned and operated by Flence/Influentive LTD, it functions as a separate service with its own technical infrastructure, business model, and operational systems.

17.3 Data Transfer and Consent

By activating the Professional Recruitment Service, you explicitly consent to:

• Data Transmission: The automated transfer of your profile data (including but not limited to: name, email, phone number, professional bio, work experience, education, skills, portfolio images, social media links, location, salary expectations, and employment preferences) to FashionSpyder.com's database via webhook API
• Public Display: The publication and public display of your profile data on FashionSpyder.com for viewing by HR professionals, recruiters, headhunters, and potential employers
• Data Storage: Storage of your profile data on FashionSpyder.com's separate database infrastructure
• Third-Party Access: Access to your profile data by recruiters, employers, and other registered users of FashionSpyder.com

17.4 Subscription Terms

• Pricing: €9.99 per month (or as otherwise displayed in the application)
• Payment Processing: All payments are processed securely through Stripe, Inc. (PCI-DSS Level 1 certified)
• Auto-Renewal: Your subscription will automatically renew monthly unless cancelled
• Immediate Activation: Upon successful payment, your profile will be transmitted to and activated on FashionSpyder.com within 24 hours
• Cancellation: You may cancel at any time through your Flence dashboard. Cancellation takes effect at the end of the current billing period
• Profile Removal: Upon cancellation or non-payment, your profile will be removed from FashionSpyder.com within 48-72 hours
• No Refunds: Subscription fees are non-refundable. If you cancel, you will retain access until the end of your paid billing period

17.5 Privacy and Data Control

• You control which profile sections are transmitted to FashionSpyder.com via privacy settings in the activation modal
• Changes to your Flence profile do not automatically sync to your FashionSpyder.com profile. You must manually update your recruiting profile through the Flence dashboard
• Your Flence profile and FashionSpyder.com profile are separate and distinct. Activating Recruiting Mode does not affect your public Flence profile
• FashionSpyder.com may have its own privacy policy and terms of service governing its use

17.6 Service Separation and Limited Liability

Due to the separate infrastructure and operational nature of FashionSpyder.com, Flence and Influentive LTD disclaim liability for issues occurring specifically on the FashionSpyder.com platform, including but not limited to:

• Technical Issues: Server downtime, database failures, performance issues, bugs, or technical malfunctions specific to FashionSpyder.com's infrastructure
• Data Security: Unauthorized access, data breaches, or security vulnerabilities occurring on FashionSpyder.com's separate systems
• Data Accuracy: Errors, omissions, or inaccuracies in how your profile data is displayed or stored on FashionSpyder.com
• Employment Outcomes: Job offers, hiring decisions, interview opportunities, salary negotiations, or any professional outcomes resulting from your FashionSpyder.com profile
• User Conduct: Actions, communications, requests, or behavior of recruiters, headhunters, employers, or other users who interact with your profile on FashionSpyder.com
• Service Quality: Availability, functionality, search ranking, profile visibility, or feature performance on FashionSpyder.com
• Disputes: Any claims, conflicts, or legal disputes arising between you and recruiters, employers, or other users you connect with through FashionSpyder.com

17.7 Webhook Data Transfer Details

Profile data is transmitted via secure HTTPS webhook POST requests to FashionSpyder.com's API endpoints. Data is transmitted in JSON format and includes:

• Personal Information: Name, email, phone number, location, photo
• Professional Data: Bio, job titles, work experience, education, skills, languages, years of experience
• Career Preferences: Core role, seniority, employment types, availability, work preferences, salary expectations
• Portfolio Content: Project images, listings previews (if privacy settings permit)
• Social Links: LinkedIn, Instagram, Behance, website URLs (if privacy settings permit)
• Platform Statistics: Profile views, likes, endorsements, collaborations (aggregated from Flence)
• Metadata: Subscription status, activation date, consent timestamp

17.8 Service Modifications

Flence reserves the right to modify, suspend, or discontinue the Professional Recruitment Service or FashionSpyder.com at any time, with or without notice, including:

• Changing subscription pricing (with 30 days notice to active subscribers)
• Modifying the data fields transmitted to FashionSpyder.com
• Implementing additional verification or eligibility requirements
• Discontinuing FashionSpyder.com entirely

If the service is permanently discontinued, active subscribers will receive pro-rated refunds for unused subscription time.

17.9 Contact and Support

For all issues related to the Professional Recruitment Service, subscription management, or FashionSpyder.com technical problems, contact Flence support at hello@flence.com.

Note: By subscribing to this service, you acknowledge that you understand FashionSpyder.com operates on separate infrastructure from the main Flence platform, and that the limitations of liability outlined in this section apply specifically to issues arising from FashionSpyder.com's separate systems and operations.

20. Contact Information