1. OVERVIEW
1.1 The website https://flaminjoy.wpengine.com (the “Website”) is the property of Techinfluence SRL, a limited liability company having its registered headquarters in Constanţa, Mircea cel Bătrân Street, No. 152BIS, Office No. 6, Room 2, floor 4, Constanța County, registered with the Trade Registry under no. J13/1563/2017, Sole Identification Number RO37613390 (hereinafter ”Techinfluence”).
1.2 The use of the Website is governed by the following Terms and Conditions of Use (“Terms of Use”). Please read them carefully. If you do not agree with all of them, please do not use our Website.
1.3 Any new features or tools which are added to the current Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.
1.4 In case of a conflict between these Terms of Use and other terms provided with respect to updates, such other terms will prevail. This section will not require Techinfluence to deliver new features and functionality or any future products which may be offered.
1.5 In these Terms of Use references to “we”, “us” or “our” mean Techinluence, and references to “you”, “your” and “Client” are to users of our Website and/or to Clients of our Techinfluence Services.
1.6 In these Terms of Use, unless otherwise provided, words in the singular form shall include the plural form, and vice versa, and words in the masculine gender form shall include the feminine gender form, and vice versa, where permitted by the context.
1.7 The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Terms of Use.
2. DEFINITIONS AND TERMS
Content – means all materials, including photo, video, audio materials, and generally all the results of intellectual activity, whether or not recorded in a material form, designed and/or developed, in whole or in part, by the Client or by the Creator in order to promote the products and/or services of the Client in the online environment, in compliance with the requirements described in the contracts concluded between Techinfluence and the Creator, and using materials provided by Client and/or Techinfluence, as applicable;
Creator – any natural and/or legal person who will design and/or develop the Content in accordance with Techinfluence’s requirements, and using materials provided by the Client and/or Techinfluence, if applicable;
Intellectual property rights – means any and all rights, whether or not protected by intellectual property rights, including but not limited to copyright and related rights, trademark rights, brands, rights to geographical indications, geographical indications, patents, rights to industrial designs, industrial design rights, trade name rights, any rights attached to a design, and any other intellectual property rights, whether registered or unregistered, as such defined anywhere in the world;
Order – the purchase order made available to the Client and which may be launched by the Client using the Website to order the subscription plan related to the use of the Platform provided by Techinluence or the agreed Services, as well as to determine the price and conditions of their provision;
Platform – means the solution Platform for carrying out marketing activities in the online environment, provided as a Software as a Service and marketed under the Flaminjoy brand, including the application (source code and object code), databases, server, and system platform (if applicable), as well as any other modules, individualized libraries, integrated applications, and other customizations and/or modifications of the source code, except non-Techinfluence professional services and applications;
Primary Email Address – means the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you;
Services – any consulting and/or other services (other than providing access to the Platform), including the conclusion by Techinfluence of contracts with the Creators in order to promote the products and/or services of the Client in the online environment, which Techinfluence may provide to the Client on the basis of the Order, as will be described in the Order or in the addenda concluded for this purpose.
3. APPLICATION OF TERMS OF USE
3.1. By accessing the Platform and/or using the Services you agree to be legally bound by these Terms of Use and all terms, policies, and guidelines incorporated by reference in these Terms of Use. If you do not agree with these Terms of Use in their entirety, you may not access the Platform or use the Services.
3.2. Techinfluence reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline applicable to the Platform and/or Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information (“Primary Email Address”) and we will post a notice on the Website visible to you the next time you access the Website. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due (if any). You should, from time to time, review the Terms of Use and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of Techinfluence. The Terms of Use will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms of Use, you must stop using the Platform and Services. If you have any questions about the Terms of Use, please email us at office@flaminjoy.com
3.3. The Platform and Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else, except as expressly permitted through the Platform.
4. PRIVACY POLICY
4.1. Please refer to Techinfluence’s Privacy Policy, for information on how Techinfluence collects, uses, and discloses personal information from its users. By accessing the Platform and using the Services, you agree to our use, collection, and disclosure of personal information in accordance with the Privacy Policy.
5. ACCOUNT TERMS
5.1. Eligibility: the Platform and the Services are available only to individuals aged 14 years or older. If you are 14 or older, but under the applicable age of majority in your state or jurisdiction of residence, then you agree to review these Terms of Use with a parent or legal guardian to make sure you and your parent or legal guardian understand and agree to these Terms of Use. If you are the parent or legal guardian agreeing to the Terms of Use for your child over 14 years of age, then you agree on your child’s behalf and further agree and accept full responsibility for your child’s use of the Platform and Services.
5.2. Registration: to access the Platform and use the Services, you must register for a Techinfluence account (“Account”). To complete your Account registration, you must provide us with your legal name, valid email address (“Primary Email Address”), and any other information indicated as required. Also, you should select a password for your Account. Techinfluence may reject your application for an Account, for any reason, at our sole discretion. If you register through a Social Networking Service (”SNS), such as Facebook, we will extract the personal information you have provided to the SNS (such as your name, email address, profile information, profile picture, photos, names, and profile pictures of your friends, your friend’s profile information, and other information you make available via the SNS from the account you have with the SNS) and use that information to create your account, which we will process in accordance with the Privacy Policy.
5.3. You represent and warrant that the information you provide to Techinfluence is accurate, true, not confidential, and not in violation of any contractual obligations or other third-party rights. You agree that it is your responsibility to keep your information accurate and updated.
5.4. You acknowledge that Techinfluence will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Primary Email Address you provide to Techinfluence and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Techinfluence can only be authenticated if they come from your Primary Email Address.
5.5. You are responsible for keeping your password secure. Techinfluence cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
5.6. Technical support in respect of the Website, Platform and/or Services is only provided to Techinfluence Clients.
5.7. Updates: Techinfluence shall have the right in its sole discretion to substitute, replace, modify, update or upgrade (“updates“) the Website, Platform and/or Services as Techinfluence deems advisable; and, all such updates shall be incorporated in and subject to these Terms of Use and shall be the exclusive property of Techinfluence . If Techinfluence shall provide you with any updates, you will be required to utilize such a version. Techinfluence will only be required to support the most recent and current version provided to you. You will not be able to see all of the functionality provided by Techinfluence , if you don’t have the latest version of the code and accepted any new term that may apply.
6. CONTENT
6.1. Representations and Warranties: The Creator or the Client, if applicable, represents, warrants and agrees that it is the exclusive owner of the Content and/or has all rights, licenses, consents and releases necessary for the Content that are made available on the Services.
6.2. License. The Creator grants to Techinfluence an exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise use and exploit such Content, in whole or in part, in any manner, medium, or form, whether now known or hereinafter devised, as Techinfluence sees fit in its sole discretion, and includes without limitation use for the purpose of operating, promoting, and improving the Services.
6.3. Limitations: You can be selective and import only the Content that you like the most. Each type of Techinfluence account has some limitations and you agree to be bound to those limitations. Depending on your subscription level, you will know your account limits which are described in each package. Also, all images with added pins that no longer exist in your SNS account (e.g. Instagram) will be automatically deleted from your Techinfluence account.
7. INAPPROPRIATE CONTENT
7.1. The Creator may not post inappropriate Content in connection with Techinfluence and its Clients. Inappropriate Content includes anything Techinfluence, in its sole discretion, determines to be offensive or inappropriate for inclusion or use on the Services. It includes, without limitation, Content that:
7.2. Violating these Terms of Use may lead to the Creator being immediately and permanently banned.
8. FEES. CHARGES. TAXES.
8.1. Fees and any other charges for the use of the Platform and/or Services are described on the Website (https://flaminjoy.wpengine.com/pricing). They may change from time to time. If we change them, we will give you at least 30 days’ notice prior to any changes that materially affect your use of the Platform and/or Services by sending an email to the Primary Email Account.
8.2. Your continued access to or use of the Platform and/or Services, as the case may be, after we provide such notice indicates your consent to the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. If you do not agree to the amended Terms of Use, you must stop accessing and using the Platform and/or Services.
8.2. The Client and the Creator are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
8.3. Our Order process is conducted by our online reseller Paddle.com. Paddle.com is the merchant of record for all our online orders unless the parties expressly agree otherwise. Paddle.com is responsible for payment processing and post-sale payment management, and it is the one who issues the invoice to the Client.
8.4. The contractual relationship between Paddle and the Client is governed by the Paddle Terms and Conditions (https://www.paddle.com/legal/checkout-buyer-terms) and the Paddle Privacy Policy (https://www.paddle.com/legal /privacy).
8.5. When the Parties agree that payment should be made directly to the Techinfluence account (e.g.,, for personalized subscriptions), Techinfluence is responsible for processing payments and managing post-sale payments, being the one that issues the invoice to the Client.
8.6. In all cases, Techinfluence provides all client service inquiries and handles returns. Techinfluence does not provide refunds.
9. AFFILIATE MARKETING
9.1. If you use the free version of Techinfluence, the affiliate marketing module will be activated. Your links will be transformed into affiliate links whenever possible. Techinfluence will act as an affiliate in relationship with the brands you link to and will collect commissions when sales are generated, based on the terms & conditions of the respective affiliate networks. Based on the settings of your account, you will receive a percentage of each commission that is generated from your account traffic.
9.2. You are forbidden to use affiliate links yourself. You need to use directly the retailer link and Techinfluence will transform it, if possible, into an affiliate link. If you use affiliate links yourself, we will be forced to close your account.
10. PROVIDING A RELIABLE AND SECURE SERVICE
10.1. If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our Services operate all the time and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies for providing you with a secure and safe environment.
10.2. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Techinfluence, you accept these risks and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
11. LIMITATION OF LIABILITY. INDEMNITY
11.1. You waive and shall not assert any claims or allegations of any nature whatsoever against Techinfluence, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Website, Platform, the Content or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Platform, the Content or the Services. You use the Website, Platform, the Content and the Services at your own risk.
11.2. You shall defend, indemnify and hold harmless Techinfluence and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising out of your use of the Website, the Platform, the Content, and the Services, and from the use of the Website, the Platform, Content and the Services by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party.
11.3. We endeavor to the best of our ability to ensure that the information published on this Website is accurate and up-to-date. However, the supplied information, may at times include unintended errors or inconsistencies.
12. INACTIVE ACCOUNTS
12.1. If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted—they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at office@flaminjoy.com. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time with a written notice communicated 10 days in advance.
13. WAIVER. SEVERABILITY. HEADINGS.
13.1. If any provision of the Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact will be substituted therefore. Techinfluence’s failure to require or enforce strict performance of any provision or to exercise any right under the Terms of Use shall not be construed as a waiver of any such provision or right. The headings appearing at the beginning of each section are for identification and reference purposes only and shall not be used to determine the construction or interpretation of the Terms of Use.
14. MALWARE
14.1. Techinfluence makes every effort to ensure and has taken every appropriate step to detect that the materials available on this Website are not likely to generate technical threats, by using virus-protection technologies. It is, however, your responsibility to configure and protect your information technology, computer programs, and platform, in order to access and use our Website, with your own anti-virus software.
14.2. Techinfluence shall not be liable for loss, disruption, or damages caused to the data, networks, or computers of the users of this Website as a result of downloading or using the materials available on the Website or at the links accessed through the Website.
15. QUESTIONS AND COMMENTS
15.1. If you have any questions regarding these Terms of Use, your access to the Platform or use of the Services, please contact us at office@flaminjoy.com.
Last updated on: 14.10.2022.
