Please read these Fluz Commercial Terms of Use (the “Agreement”) carefully. This Agreement sets forth a legal agreement between you (“you” or “your”) and Fluz Fluz, LLC, its subsidiaries and affiliates (collectively, “Fluz”, “we”, “us” and/or “our”) regarding your use of the websites, mobile application (the “Application”) and/or technology platform (collectively, the “Services”) offered, operated or made available by Fluz. This Agreement applies when you access, interact with, sign up for or use any of the Services and is binding as of the first date you access, use, interact with or sign up for any Services. Other aspects of the Services may be covered by other terms, conditions and agreements with Fluz or third parties such as Partner Banks. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to this Agreement, and that business accepts this Agreement.

THIS AGREEMENT ALSO INCLUDES, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION TITLED “GENERAL ARBITRATION” BELOW FOR MORE INFORMATION.

 

Fluz Services

The Fluz Rewards Program allows you to receive cash back in the form of credits issued to your Fluz rewards balance when you make a Qualified Purchase at participating merchants as further described below (the “Services”). A “Qualified Purchase” is a purchase from a participating merchant using your registered card in accordance with the terms of the Offer and these terms (the “Terms”). An “Offer” is the cash back percentage or amount offered by the merchant, which may include, but not limited to, a minimum transaction amount, expiration date, your selected funding source, any other additional terms or limitations associated to the offer.

Fluz partners with one or more financial institutions (“Partner Bank(s)”) to make portions of the Services available to you. Current Partner Banks include Community Federal Savings Bank, Pathward Bank and Sutton Bank, Members FDIC.

For your use of the service, you direct us to transfer information and instructions provided by you or your authorized representatives to the Partner Bank,  in order to allow the Partner Bank to make all necessary arrangements and transactions to perform any payment services.  The rewards rates may vary between member to member based on Fluz’s sole discretion.  Please refer to the Fluz app or website to see the rate offered specifically to you.

YOU UNDERSTAND THAT WE SOLELY PROVIDE YOUR INFORMATION AND INSTRUCTIONS TO THE PARTNER BANK ON A PASS THROUGH BASIS. ONLY THE PARTNER BANK IS AUTHORIZED TO INITIATE OR EXECUTE ACH TRANSACTIONS, PAYMENTS, AND TRANSFERS ON YOUR BEHALF AND AT NO TIME WILL WE CONTROL OR HOLD YOUR FUNDS.

 

Acceptance of Agreement

By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the following terms of conditions set forth in this Agreement.  If you do not agree with these terms and conditions, you may not access or use the Services.

 

Fluz Privacy Policy

Please read the Fluz Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. By accessing or using the Services you agree to Fluz’s Privacy Policy.

 

Fluz Member Terms and Policies

The Services requires you to review and agree to be bound by the Fluz Member Terms and Policies, which are available here – /terms-of-use-consumer/.

By accessing and using the Services, you acknowledge receipt of these Fluz Member Terms and Policies and agree to be bound by their terms and conditions.

 

Registration

THE FLUZ REWARDS PROGRAM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE FLUZ REWARDS PROGRAM. BY USING THE FLUZ REWARDS PROGRAM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE FLUZ REWARDS PROGRAM.

SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS, Fluz Fluz LLC. grants you permission to access and use the Fluz Rewards Program for your business use, at the level for which you have registered, as set forth in these Terms and consistent with the intended features of the Fluz Rewards Program.

In order to use the Fluz Rewards Program, you must have a Fluz account in good standing and you must enroll a valid, eligible credit or debit card by submitting your card information that Fluz requests. You agree that the information you provide to Fluz on registration and at all other times, will be true, accurate, current, complete and that you will keep this information accurate and up-to-date at all times and you represent and warrant that you are authorized to use the payment card that you submitted.

You hereby authorize Fluz, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources.

You may not create more than one (1) Fluz account. Each unique mobile device may not be associated with more than two (2) accounts. Users who attempt to associate an excessive number of mobile devices with a single Fluz account may be deemed to have violated this Agreement to the extent they are deemed by Fluz to have abused the Services, and may be subject to account suspension or closure.

 

Representations and Warranties

You represent and warrant to us that: (a) you are at registered US business in good standing with valid business documentation (as requested and determined by Fluz in its sole discretion); (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (f) your use of the Services will be in compliance with this Agreement; and (g) the Service(s) requested by you hereunder and pursuant to any agreement incorporated hereunder will be used by you solely for business or commercial purposes and not for personal, family, or household purposes.

 

Use of Enrolled Cards and Transaction Information

By registering a payment card in connection with transaction monitoring, you authorize Fluz to share your payment information with Fluz’s Third Party Service Providers and payment card network (e.g., Visa, MasterCard, American Express) (“Payment Card Network”) so it knows you enrolled. You authorize Payment Card Network to monitor transactions on your registered card(s) to identify Qualifying Purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for Payment Card Network to share such transaction details with Fluz to enable targeted offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by:

1. Go into your settings by clicking the settings icon on the navigation bar
2. Press on the Accounts & Cards section
3. Select the card you wish to remove
4. Confirm that you want to remove the linked card

You agree that Fluz and it’s Third Party Service Providers may view your transactions made by you with participating merchants.

“Third Party Service Providers” means third parties that enable us to provide Fluz Rewards Program.

 

Credits

Your registered payment card will be charged the full purchase price at the time of purchase and credits will not be included in your receipt from Fluz. Your credit will generally be reflected in your Fluz Rewards Program rewards balance. Fluz Rewards Program reserves the right to restrict the minimum amount required for the rewards balance withdrawals. You must comply with all Offer requirements and Fluz Rewards Program terms to receive the credit. You are responsible for any taxes you may incur as a result of the credit.

Participation in the Fluz Rewards Program requires you to maintain your Fluz account in good standing. If your Fluz account is not in good standing or you are otherwise in violation of this Agreement, Fluz reserves the right to apply the value of your Fluz Rewards to offset any outstanding overdraft in your Fluz account or to satisfy any other amounts owed to Fluz hereunder.

In addition, in Fluz’s sole discretion, it may prohibit you from earning rewards under the Fluz Rewards Program you have already earned if:

• Fluz suspects that you have engaged in fraudulent activity related to your Fluz account; or
• Fluz suspects that you have misused the Fluz services or your Fluz account in any way.

This suspension may be temporary or permanent at our sole discretion.  In addition, we reserve the right to forfeit your rewards if you close your Fluz account.

 

Use of Mobile Devices

Through use of any mobile web app, or by other means available through the services, you may be able to: (a) upload content to the site via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device and/or (d) access certain features you have downloaded and installed on your mobile device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable). You must provide all equipment and software necessary to connect to the Mobile Services, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Mobile Services. You must ensure that your device and/or software does not disturb or interfere with the services, including any mobile App or the site’s operations. Any equipment or software causing interference will be immediately disconnected from the Mobile Services, and Fluz may immediately suspend or terminate your further use of the Mobile Services. If any upgrade to the Mobile Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of these Terms. You agree to comply with any applicable laws in your use of the Mobile Services.

 

Accounts, Cancellation

If you register for an account to use the Services, you must complete the registration process specified on the site or through any mobile app by providing us with complete and accurate information as requested by such process including, without limitation, your tax identification number and other business documents we request. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Fluz immediately of any unauthorized use of your account. Fluz is not liable for any loss that you may incur as a result of someone else using your password or account. We may limit your ability to participate in a Fluz Reward Program, suspend or terminate your account and may invalidate any rewards you may have earned or accumulated in any Fluz Reward Program if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Terms or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part. Company decisions are binding and final.

You may cancel your account at any time by notifying Customer Service at [email protected].

 

Authorized Users

You designates the individuals identified in in your Fluz portal to be users of the Fluz services in connection with the Service (the “Users”). You may replace any of the Users by removing their accounts within your Fluz application. You will be liable for any action or omission by any User, and any act or omission of a User that breaches this Agreement if taken or omitted by you shall be deemed to be a breach by you of this Agreement. You are responsible for any transactions made by such persons or their designees until we have received your notice that you have revoked their authorization and we have had a reasonable opportunity to act upon such notice.

 

Push Notifications

By agreeing to this Agreement, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Services.

 

Third-Party Websites

The Services, including our websites, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.

 

Telephone Calls: Monitoring and Recording

By providing Fluz with your telephone number, you expressly authorize Fluz, Partner Bank, and third party service providers to contact you using any automatic telephone dialing system, prerecorded voice, voicemail, or messaging service. From time to time, we may also send you text messages. Your phone or mobile provider’s call and text messages rates still apply according to the terms of your phone or mobile provider’s contract. As examples, we may place calls to you about important account information such as fraud alerts, account notices, security codes, and amounts you owe us (e.g. collection calls).

You consent and authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.

 

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. FLUZ AFFILIATES, DISTRIBUTORS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS), LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE, ANY MOBILE APP AND THEIR CONTENTS (THE “FLUZ PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FLUZ PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FLUZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE FLUZ PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.

FLUZ IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, LOSS OF UNCLAIMED REWARDS BALANCE, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.

 

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FLUZ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitations on Liability

In no event shall the Fluz or its affiliates, contractors, employees, agents, payment card networks, or third party service providers or suppliers (including Payment Card Networks or payment processors) be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Fluz has been advised of the possibility of damages.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

 

Indemnification

You agree to indemnify and hold harmless the Fluz Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of the Terms and any Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with Fluz in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.

 

Research, Legal Process and Requests for Information

If we receive any legal process relating to you or your Account, you authorize us to comply with it. “Legal process” means any document that appears to have the force of law that requires us to hold or pay out funds from your account, including a garnishment, attachment, execution, levy or similar order. We do not have to determine whether the legal process was validly issued or is enforceable. If any action, including administrative proceedings, garnishment, tax levies, restraining orders or another action is brought against you or your account, you will be liable to us for any loss, cost or expense (including attorneys’ fees) resulting from our compliance with any legal process. If we receive any subpoena, court order or request for information or documents from a government entity or arbitration panel relating to your account, we are authorized to comply with it and will charge you the Legal Research Fee.

 

Account Monitoring

You acknowledge that Fluz will monitor your transaction activity in connection with your use of the Fluz services. You further agree and acknowledge that Fluz may suspend, in its sole discretion, the access to the Fluz services and funds in your accounts for any reasonable period of time required to investigate suspicious or unusual activity. Fluz will make good faith efforts to notify you promptly following suspension. Fluz shall have no liability for any losses or claims, either direct or indirect, which you may attribute to any suspension of funds.

 

AML Monitoring

Use of the Fluz services is limited to the support of transactions for certain of your customers with eligibility to be determined based on certain criteria and related conditions imposed by Fluz. Fluz reserves the right to review any or all of your related transaction information to ensure that they conform with the standards imposed related to use of the services.

 

Right to Audit

Fluz shall have the right to audit or to engage an additional third party to audit your performance of your obligations under this Agreement.  You will reimburse us for the costs of such audit. In the event such audit reveals deficiencies that require corrective measures, you will confer with Fluz to determine the scope, timeline and implementation of such measures.

 

Requests for Information

Within three (3) business days of receipt of any request by Fluz (or sooner as may be required by any regulatory authorities), you shall provide a copy of all records and any other documentation related to use of the Fluz services.

 

Modification/Termination of the Services

Fluz may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof, including the Fluz Rewards Program, (which change, suspension or cancellation may impact and/or invalidate any reward you may have earned or accumulated in any Fluz Reward Program), at any time for any reason with or without notice to you. Company decisions are binding and final.

If your account is canceled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under these Terms and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Fluz shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services. Fluz shall not be liable for any unclaimed rewards balance lost when an account is suspended or terminated.

Except where otherwise provided, the Services are currently available without charge. Fluz reserves the right to charge a fee for access to or use of the Services, including the site, any mobile app and any other services available through the Services, at any time in the future, and Fluz will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.

 

External Sites

The Services may contain links to external third-party sites that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. Fluz does not control or monitor, and is not responsible for, these third-party sites, including any privacy policies or practices governing such sites. Fluz makes no representations regarding, and is not liable for, the accuracy, completeness, timeliness or availability of any of the content, products or services displayed, distributed, or otherwise made available at these sites. If you access any third-party site, you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not mean that Fluz endorses, sponsors, or recommends the third party or the content, products, or services contained on, or available through, such third-party site.

 

Software And Downloads Available Through The Services

Any software that is made available in connection with the Services, including applications (such as any Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Fluz and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Fluz has no liability with respect to any Software owned or controlled by third parties.

 

User Code of Conduct

The Services are for your personal and commercial use only. In accessing and using the Services, you agree that you will not:

• Breach this Agreement or any other agreement between you and Fluz or violate any Fluz policy
• Access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation
• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page)
• Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity
• Deliver, or provide links to, any postings containing material that:
  • Could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
  • Harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
  • Is defamatory, false or libelous
  • Infringes or violates any intellectual property or other right of any entity or person
• Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
• Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.

 

Interactive Services and User Materials

Interactive Services

The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by additional terms (“Additional Terms”), which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Fluz’s sole discretion.

 

User Materials

Fluz does not control and is not responsible for any information or other materials delivered through the Services by you or other users (collectively, “User Materials”). Fluz is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Fluz reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Fluz is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.

You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Fluz will not violate the rights of any third party.

By providing or modifying any User Material, you are granting Fluz and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may provide. Fluz also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Policy.

The information and opinions expressed in User Materials are not necessarily those of Fluz or its content providers, advertisers, sponsors, affiliated or related entities, and Fluz makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Fluz does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Fluz has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the site is “public,” and in addition to the license granted to Fluz, other users will have access to your User Materials and might copy, modify or distribute them.

If you are aware of any User Materials which violate these Terms, please contact us at [email protected]. Please provide as much detail as possible, including a copy of the underlying material, the location where Fluz may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Fluz will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Fluz, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

Fluz Member Rewards

Fluz may make available to you from time to time through the Services offers on certain third-party products and services (each an “Offer”). When you redeem an Offer through the Services, you will accumulate rewards in your Fluz account (“Rewards”). Each Offer may be subject to Additional Terms and may be discontinued by Fluz at any time without notice. At any time and in Fluz’s sole discretion, Fluz may: (i) limit the number of Offers you are able to select per minute; (ii) determine whether or not you are eligible to redeem an Offer; (iii) determine whether or not you have earned Rewards; or (iv) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. Fluz may, in its sole discretion, deduct from your Fluz account any Rewards that Fluz determines you have not earned or you have earned in violation of these Terms. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by Fluz.

Rewards Redemption and Minimum Rewards Level

Once you have accumulated at least Fifteen Dollars (US $15.00) in Rewards in your Fluz account (the “Minimum Withdrawal Amount”), you may elect to have Fluz distribute your Rewards via one or more of the available withdrawal options as shown in the Fluz mobile app. The available withdrawal options are subject to change without notice to you, in accordance with these Terms, and you have no vested right to any particular form or method of withdrawal. You may not Redeem any Rewards, and you may not obtain any cash, money, or anything of value in exchange for your Rewards prior to reaching the Minimum Withdrawal Amount. For each withdrawal option made available by Fluz to you through the Fluz Services, Fluz displays to you within the Fluz mobile app the Minimum and Maximum Withdrawal Amount at any given time, in which case that Minimum Withdrawal Amount will apply. The Minimum Withdrawal Amount is subject to change by Fluz at any time. Fluz may, at its sole discretion, limit the amount of Rewards that you can withdraw in any given period of time or for any particular transaction. If you elect to close your Fluz account and you have available Rewards that meet or exceed the Minimum Withdrawal Amount, you will be expected to withdraw such Rewards prior to closing your account. If your account is removed or deactivated by Fluz, and if you fail to properly withdraw your Rewards in accordance with these Terms when closing your account, or if at the time of closing you have less than the Minimum Withdrawal Amount in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.

Third-Party Payment Providers And Rewards Cash-Out

Certain distribution options are provided by licensed money transmitters authorized by Fluz to operate in connection with the Fluz Services (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute Rewards through an Authorized Money Transmitter, you further agree (i) that Fluz is acting as your agent with respect to the payment processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.

Taxes

Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide Fluz with information Fluz requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by Fluz as a result of your action or inaction in connection with the foregoing (including your failure to provide Fluz with information). You agree that Fluz is authorized to offset such tax liability from your Rewards.

Rewards Claims

Rewards provided under these terms and/or the Fluz Services are provided solely by Fluz and not underwritten, sponsored, or provided by any other third-party, including Fluz’s brand and merchant partners. By accepting these Terms of Use you agree not to seek Rewards or make any claims for Rewards against third-party providers, merchants or manufacturers of products and services. You agree that Fluz may transfer and/or assign its rights and obligations under these Terms at any time.

Referral Programs

The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a “Referred Person”), including, without limitation, email addresses, social media networks, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You may only refer persons with whom you have a personal relationship, and you are responsible for informing the Referred Person that communications may be sent to them from the Services on your behalf. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information.

We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these Terms, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.

We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms (including the Fluz Rewards Program) which are deemed incorporated into, and subject to, these Terms. We may suspend or terminate any and all referral programs without notice, reason or liability.

 

Third-Party Merchants

The Services may enable you to order and receive products, information and services from third-party merchants that are not affiliated with or controlled by Fluz. All matters concerning such products, information and services are solely between you and such merchants. Fluz does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. Fluz will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.

 

Contests/Sweepstakes

Any sweepstakes, contests, challenges, leaderboards, games and/or promotional offers accessible through the Services are governed by specific Rules and/or terms and conditions and may be restricted to users with accounts. If you are eligible, by entering any sweepstakes or contests or participating in such games or promotional offers accessible through the Services, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from the Services (such as those of social media websites), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such features through the Services, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

 

Advertisements, Sponsorships, Co-Promotions and Other Partnerships

Fluz may display or link to advertisements for the goods and services of a third party on or through the Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Fluz does not endorse or warrant, and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through the Services and Fluz shall similarly bear no liability or responsibility in the event a third party files for bankruptcy or otherwise becomes insolvent.

 

International Use/U.S. Export Controls

Accessing materials through the Services by certain persons in certain countries may not be lawful, and Fluz makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.

The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

 

Fluz Gift Cards Terms Of Use

By accessing the Fluz application (“Fluz Rewards”), by making transactions through Fluz, by accepting or using any Gift Card (as defined below) purchased through Fluz or specifically by clicking a checkbox for “I agree” or similar statements, in each case, you expressly indicate to Fluz Fluz LLC. and their respective subsidiaries, affiliates and agents (together, “Fluz”, “we”, “us” or “our”) your acknowledgment and acceptance of these Fluz Terms and Conditions, which are expressly incorporated herein. Fluz, in its sole discretion, may revise these Fluz Terms and Conditions at any time or make changes to Fluz at any time, with or without notice, and your subsequent accessing of Fluz, making transactions through Fluz, accepting or using any Gift Card (as defined below) purchased through Fluz or clicking a checkbox for “I agree” or similar statements, in each case, will serve as your acknowledgment and acceptance of such changes. These Fluz Terms and Conditions control your use of and participation with Fluz and no covenants at law or in equity shall be implied or incorporated. Fluz has the sole right to interpret and apply all terms and conditions as it sees fit.

Certain portions of the Fluz services are only available only to Fluz members physically located in the 50 United States or the District of Columbia. You may have only one Fluz account at a time. Any offer for any products or services made in or through Fluz is void where prohibited.

 

Registered Cards

To use Fluz, you must have a valid funding source that is registered in connection with Fluz (a “Registered Funding Source”). You are responsible for registering a new payment card with us if any Registered Card is no longer valid. Use of any funding source is subject to all applicable rules and customs of any clearinghouse or other association involved in your transactions. A funding source may only be registered to one Fluz account at a time. Fluz reserves the right to delete funding sources registered to more than one account.

 

Gift Cards

In each Fluz purchase transaction, you are purchasing a merchant-specific electronic stored value card, certificate, voucher or similar product that will be displayed on your smartphone or other Fluz-compatible device as an electronic code, symbol, set of letters, set of numbers or any combination thereof (“Gift Card”), and the Gift Card is intended to be redeemed for the full amount of the Gift Card immediately with such merchant (the “Merchant”) for your desired products or services.

Any returns, credits or exchanges of the products or services that are purchased using such a Gift Card via Fluz will be governed by the applicable Merchant’s policies, terms and conditions for purchases made with Gift Cards. Such Merchant’s policies, terms and conditions may be subject to change in the Merchant’s sole discretion, if permitted by law. You may be entitled only to store credit with any return or exchange. For details, review the applicable gift card terms available in the Fluz purchase path, and contact the applicable Merchant for additional information.

Except as specifically permitted by the Merchant’s policies, terms and conditions, Gift Cards are not redeemable for cash or for other Merchants’ Gift Cards, are not valid for prior purchases and may not be returned, credited or exchanged. Value may not be combined among or transferred between separate Gift Cards unless specified by merchant.

We are not responsible for keeping track of your available Gift Card balance, if any.  We are not responsible for keeping track of the expiration date of Gift Cards, if any.  If Gift Cards purchased from Fluz expire, you are not eligible for a refund or exchange from Fluz. We are not responsible if you are unable to use a Gift Card due to a Merchant’s bankruptcy or insolvency.

If we fail to deliver a Gift Card you have purchased, we deliver a Gift Card with an electronic code that does not function properly, or you have a question about rewards awarded in connection with any Fluz transaction, please contact us using the contact method listed within the Fluz application.

Disputes or claims regarding any failure of any Gift Card to be purchased or delivered, or any other failure related to using Fluz to complete your transaction, will be subject to these Fluz Terms and Conditions, and neither the Merchant, nor the issuer of the payment card (or other payment product) used to purchase the Gift Card (the “Issuer”), nor any non-merchant distributor of the Gift Card (“Distributor”), shall have any responsibility with respect to such disputes or claims.

If you are entitled to a refund for any reason for products or services obtained with a Gift Card, you agree to accept credits to a Gift Card or a replacement Gift Card for such refunds or such other handling as provided in the applicable Merchant’s policies, terms and conditions. If you have a problem with a purchase that you made with your Gift Card, or if you have a dispute with the Merchant, you must handle it directly with the Merchant. Any disputes or claims relating to Gift Cards that are purchased or delivered using Fluz, including without limitation any disputes or claims relating to products or services purchased with any Gift Card, must be handled in accordance with the applicable Merchant’s policies, terms and conditions, and none of Fluz, the Issuer and any Distributor shall have any responsibility with respect to such disputes or claims.

Gift Cards may not be re-sold without express approval from Fluz. Gift cards may not be otherwise transferred to third parties, except via the sharing function available in Fluz.

By sharing a Gift Card, the sender allows the recipient to use any available Gift Card balance. The sender of a shared Gift Card retains access to the Gift Card and the ability to use any available Gift Card balance. No Fluz awards will be awarded to the recipient of any shared Gift Card in connection with the receipt or use of such Gift Card.

Gift cards are subject to merchant’s terms & conditions. Check merchant’s website for redemption terms prior to purchase of gift card from Fluz. Any redemption issues due to merchant’s restrictions does not make you eligible for a refund from Fluz. Any cancelation by the merchants of the value stored on the gift card does not make you eligible for a refund from Fluz. As stated in the app, gift cards are non-refundable, except where required by law.

 

Gift Card Purchases Using Rewards

In its sole discretion, Fluz may offer the ability to purchase Gift Cards through Fluz using Fluz rewards or a combination of rewards and money.  Not all members will be eligible to make purchases using either rewards or a combination of rewards and money. The money portion of any rewards and money payment must be made using a Registered Funding Source.

Each member must have sufficient rewards in his or her Fluz account to complete the transaction. Your rewards will be deducted at the time of purchase. In the event that rewards have not been properly debited from your account at the time of redemption, rewards can be debited by Fluz at any time.

The amount of rewards or rewards and money necessary for a transaction will be set by Fluz in its sole discretion, are subject to change and may vary by member.  Rewards redemptions may only be made from a single account per transaction. You may not combine rewards from two or more accounts on a single transaction.

 

Gift Card Prepayments Deposit

In its sole discretion, Fluz may offer select customers the ability to pre-purchase Fluz services by depositing funds into a Fluz controlled bank account.  Fluz will use the deposit to satisfy any and all amounts owed for gift cards purchased by Customer placed via the Fluz application.  No interest shall be paid or owed on funds held on deposit.  After Fluz draws on the deposit to satisfy amounts owed, you will be able to fully replenish the deposit. Payments may be made into an account by any funding source designated in the Fluz application.  In all cases, Fluz reserves the right to require a commercially reasonable period after receipt of funds before such funds shall be available for Fulfillment. Generally:

• ACH debited funds shall be available for use two full business day after receipt by our bank.
• Orders paid by credit card funds will (i) be subject to a processing convenience fee of 3%, which will be billed at the time of order, and (ii) not be processed until such funds are fully cleared and settled into the Account. Payments by credit card are usually cleared within 48 hours.

When you tell us that you desire to terminate your use of Fluz’s services, final settlement and return of any funds remaining in your deposit can be withdrawn using the Fluz application. Upon Fluz’s termination of your access to the services, for any reason, Fluz shall return any unused funds remaining in deposit, in accordance with the provisions of the agreement.

 

Gift Card Deposit Minimum

Fluz may, in its sole discretion, require a minimum deposit amount from select customers for continued access to the Fluz services.  Your deposit minimum will be displayed to you in your Fluz application.  No interest shall be paid or owed on funds held on deposit and we shall be entitled to interest on any such funds. The deposit minimum will be used to satisfy any losses incurred in association with your use of the Fluz services.  Fluz reserves the right to immediately suspend your access to the services and the ability to order any gift cards if amounts owed to Fluz exceed the deposit minimum specified in Fluz application.  Services will be suspended until you replenish the deposit minimum.

Payments may be made into an account by any funding source designated in the Fluz application.  In all cases, Fluz reserves the right to require a commercially reasonable period after receipt of funds before such funds shall be available for Fulfillment. Generally:

• ACH debited funds shall be available for use two full business day after receipt by our bank.

• Orders paid by credit card funds will (i) be subject to a processing convenience fee of 3%, which will be billed at the time of order, and (ii) not be processed until such funds are fully cleared and settled into the Account. Payments by credit card are usually cleared within 48 hours.

Upon termination of your use of Fluz’s services, Fluz will hold the minimum deposit for 180 days to satisfy any potential amounts due based on your use of the Fluz services.  Final settlement and return of any funds remaining in your deposit can be withdrawn using the Fluz application. Upon Fluz’s termination of your access to the services, for any reason, Fluz shall return any unused funds remaining in deposit, in accordance with the provisions of the agreement.

You shall have the right to reasonably dispute any of the charges contained in a reconciliation for a period of thirty (30) days after the date of the reconciliation, provided that you present a written statement of the purported billing discrepancies to Fluz in reasonable detail on or before the thirtieth day after the reconciliation, and you negotiate in good faith with Fluz for the purpose of resolving such dispute.  In the event such dispute is mutually agreed upon and resolved in your favor, you will receive a credit for the disputed charges.  Fluz shall not be obligated to consider any notice of any billing discrepancies which are received by Fluz more than thirty days after the reconciliation.

You agree that Fluz has a security interest in the minimum deposit account and to provide use with any documentation we may request to perfect our security interest in the minimum deposit account. You will not, at any time during the term of this Agreement or until all amounts have been paid in full hereunder, grant or pledge a security interest or lien of any type in any minimum deposit account without our consent.

 

Gift Card Merchants

Most of the gift cards sold through the Fluz app only work within the US. Some gift cards may work internationally. It would be best to visit the FAQ/ gift card section of the merchant you would like to buy from before making a purchase from Fluz.  If the purchase price of any products or services purchased from a Merchant exceeds the dollar amount of a Gift Card being used for such purchase, you will be asked to pay for additional charges associated with the purchase.

In its sole discretion, at any time, and for any or no reason, Fluz may prevent or restrict access to Fluz or any part thereof for all or certain Fluz members, with or without notice. Access may vary by member. Any actual or suspected fraudulent, abusive, or illegal activity is grounds for termination of your use of Fluz or any Gift Card in Fluz’s sole discretion and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fluz may have pursuant to the Fluz Program Rules or at law or in equity.

 

Transaction Limits

The minimum and maximum amounts that may be spent by a member via Fluz during a certain time period (e.g., per day), per Merchant, per transaction and other limits and restrictions will be set by Fluz in its sole discretion and are subject to change. Limits or other restrictions may vary by member.

 

Unauthorized or Fraudulent Transactions

If you notice unauthorized or fraudulent Fluz transactions on the account of any Registered Card, promptly contact your credit card issuer to report it. It is important to continually monitor your credit card accounts to identify any unauthorized or fraudulent transactions. You may have a limited time to notify your credit card issuer. Refer to the terms available from your credit card issuer regarding unauthorized or fraudulent transactions for additional information.

Because any stored Gift Card numbers or Gift Card barcodes, including any unused credits stored in your Fluz account, are Gift Cards that can be used like cash for purchases from the applicable Merchant and because Fluz rewards can be used to purchase Gift Cards (where available), you are responsible for all transactions made with your unused credits and your Fluz rewards, including unauthorized or fraudulent transactions. If you notice unauthorized or fraudulent use of any unused credits or rewards in your Fluz account or otherwise, contact Fluz as soon as possible using the contact method listed within the Fluz application or found on fluz.app/us/

By utilizing Fluz’s Services, you agree to not dispute any transaction initiated by you via the Fluz app. You also understand that Fluz will not provide refunds for goods or services it has provided. All claims of potential or actual fraud must be initiated and settled by the Fluz Account holder’s financial institution.

Please allow 1-4 business days (excluding bank holidays) for settlement of all transactions initiated on the Fluz app. Fluz’s goods and Services will not be provided until the applicable transaction has settled. Cancellation requests made by the Fluz Account holder may not be fulfilled based on the transaction status as of the day and time of the request.

Fluz reserves the right to initiate, pend, cancel, and refund transactions at its sole discretion in instances of potential or actual fraud or promotion abuse based on, but not limited to, the following factors: PII; Payment Method, device identifiers; or suspicious activity within the Fluz app. Fluz reserves the right to withhold delivery of goods and Services until potential or actual fraud or promotion abuse is investigated or for up to 14 business days past the settlement date of the applicable transaction(s). In the instance of returned transaction, Fluz reserves the right to payment recovery by initiating a transaction of the same amount from the Account holder’s Payment Method.

You are responsible for any chargebacks based on disputed transactions by third parties or ACH returns in connection with your use of the Services. Any such chargebacks will be subject the Chargeback Fee Assessment Matrix set forth below:

• Chargeback Fee: $50 per chargeback
• Chargeback Assessment Fee:
  • Less than 30 chargebacks per month: $0
  • Excess of 31 chargebacks per month: $2,500
  • Excess of 49 chargebacks: A Fluz representative will be in touch about additional assessment fees and a required remediation plan for continued use of the platform.

Fluz will notify you as you incur each dispute.  You Fluz account executive will reach out in regards to any risk alerts and preemptive warnings.  If you incur excessive disputes or ACH returns, you risk your account being terminated, even if you reimburse Fluz for the transactions, the dispute fees and the assessment fees.

Fluz Gift Card Prepayment Balance

Fluz’s prepayment balance service (“Fluz Balance”) allows you to load a dollar value to a Fluz account as a prepayment for Fluz goods and services. Unless otherwise required by law or permitted by these Terms, the dollar value on your Fluz Balance is nonrefundable and may not be redeemed for cash. The value on your Fluz Balance is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

You must have an active Fluz Account in good standing to qualify for the Fluz Balance. Fluz Balance uses must be 18 years of age or older.

You can load value on your Fluz Balance via a linked card, wallet (PayPal, ApplePay, GooglePay, etc) or bank account in the Fluz App. There may be a fee for loading the Fluz Balance with select funding sources. The fee will vary based on the funding source selected. The fee for loading the Fluz Balance will be displayed in the Fluz application prior to loading the account. There is no fee for redeeming the value on your Fluz Balance for any of the Fluz goods and services.

The Fluz Balance may be used to make purchases of Fluz goods and services only up to the available amount of your Fluz Balance. The available balance of the Fluz Balance is reduced by the amount of each purchase of goods or services from Fluz and by other deductions, if any, required by law. You can track the amount of your Fluz Balance in the Fluz App.

Fluz may, in its discretion, impose limits on your use of the Fluz Balance, including limits on the maximum amount that may be associated with your Fluz Balance in a single day as well as limits on the total value of your Fluz Balance on any given day.

You should treat amounts loaded to your Fluz Balance like cash and not disclose your Fluz Balance account information to anyone. If your Fluz Balance account information is lost or stolen, anyone who obtains possession of either may use your Fluz Balance. You are responsible for all transactions on your Fluz Balance, including unauthorized transactions.

We do not charge any activation, service, dormancy or inactivity fees in connection with your Fluz Balance. Your Fluz Balance has no expiration date nor does the value of your Fluz Balance ever expire.

Mobile device charges

In return for Fluz allowing you to access Fluz through your mobile device, by your use of Fluz, you agree to be responsible for any fees that your device service provider may charge, such as fees for SMS, data services and any other fees that your device service provider may charge.

 

Privacy Policy

By accessing Fluz and making transactions through Fluz, you acknowledge that you understand and authorize Fluz to use and share your information in accordance with the Fluz Privacy Policy (the “Privacy Policy”). The Privacy Policy is merely a statement of administrative protocol; it is not a contract nor does it create any contractual or legal rights. The Privacy Policy is not made, or intended to be made, a part of these Fluz Terms and Conditions.

All comments, reviews, messages, ideas, suggestions or any and all other communications and materials (collectively “Comments”) sent to us shall be and remain the exclusive property of Fluz. Your submission of any such Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We may use, reproduce, disclose, publish and distribute any Comments you submit for any purpose, without restriction and without compensating you in any way. We may, but are not obligated to, restrict or remove any and all content from any Comment. You have no expectation of privacy with regard to any Comment you submit.

 

Intellectual Property

You may not use any Fluz name or trademark, or the names or trademarks of any Merchant, Issuer or Distributor. You will defend, indemnify and hold harmless any such parties from any and all claims, damages, judgments, and expenses resulting from such unauthorized use.

FLUZ IS PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Fluz DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO Fluz AND ITS CONTENT (INCLUDING SOFTWARE), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. FLUZ DOES NOT WARRANT THAT Fluz, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR VIA FLUZ ARE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Fluz DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Fluz IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, FLUZ, THE ISSUER AND DISTRIBUTOR EACH DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY GIFT CARDS, AND FOR PRODUCTS OR SERVICES PURCHASED WITH GIFT CARDS OR OFFERED THROUGH OR VIA FLUZ, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY WARRANTY OFFERED BY ANY MERCHANT.

 

LIMITATIONS ON LIABILITY

NONE OF FLUZ, THE ISSUER AND THE DISTRIBUTOR IS RESPONSIBLE FOR ANY PRODUCTS OR SERVICES OF ANY OTHER Fluz PARTICIPATING COMPANIES OR PARTNERS.  IN MOST CASES, A MERCHANT WHOSE GIFT CARD OR PRODUCT OR SERVICE YOU ARE PURCHASING OR USING IS IN NO WAY AFFILIATED WITH Fluz, THE ISSUER OR THE DISTRIBUTOR; NO GIFT CARD IS VALID FOR ANY Fluz, ISSUER OR DISTRIBUTOR PRODUCT OR SERVICE; AND NONE OF Fluz, THE ISSUER AND THE DISTRIBUTOR SHALL HAVE ANY RESPONSIBILITY WITH RESPECT TO ANY GIFT CARD OR ANY PRODUCT OR SERVICE PURCHASED WITH ANY GIFT CARD OR OTHERWISE OBTAINED THROUGH Fluz, OTHER THAN AS EXPRESSLY PROVIDED IN THESE Fluz TERMS AND CONDITIONS OR AS PROVIDED BY APPLICABLE LAW.

NONE OF FLUZ, THE ISSUER AND THE DISTRIBUTOR IS RESPONSIBLE FOR ANY DAMAGE, THEFT, LOSS OR IMPAIRMENT OF USE OR VALUE OF YOUR Fluz-COMPATIBLE DEVICE OR ANY GIFT CARD THAT OCCURS IN CONNECTION WITH YOUR USE OF Fluz OR ACCEPTANCE OR USE ANY GIFT CARD.

IN NO EVENT WILL FLUZ’S, THE ISSUER’S OR THE DISTRIBUTOR’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR ANY GIFT CARD OR OTHER PRODUCT OR SERVICE OBTAINED BY YOU THROUGH OR VIA FLUZ.

NONE OF FLUZ, THE ISSUER AND THE DISTRIBUTOR WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO Fluz OR ANY THIRD-PARTY SITE ACCESSED THROUGH Fluz.

You agree to defend, indemnify and hold harmless Fluz, the Issuer, the Distributor and each of our and their respective subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your use of Fluz or acceptance or use of any Gift Card, except to the extent of any failure to perform any express obligations to you hereunder.

 

Miscellaneous

Fluz may change the Fluz Program, including, but not limited to, rules, regulations, travel awards and special offers or terminate the Fluz Program at any time and without notice. Fluz is not responsible for any products or services of other participating companies and partners. Bonus award rewards, award rewards and any other rewards earned through non-flight activity do not count toward qualification for Premier status unless expressly stated otherwise. The accumulation of mileage or Premier status or any other status does not entitle members to any vested rights with respect to the Fluz Program. All calculations made in connection with the Fluz Program, including without limitation with respect to the accumulation of mileage and the satisfaction of the qualification requirements for Premier status, will be made by Fluz and Fluz in their discretion and such calculations will be considered final. Fluz and Fluz are registered service marks.

 

Anti-Assignment

You may not assign or transfer this  Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this User Agreement at any time without notice.

 

Fluz Promotions

General Terms and Conditions

Unless otherwise noted, all Fluz promotions are limited to one per user, per household during the promotional period while supplies last. In order to qualify for a promotion, users must have an active, verified Fluz Account. Free gifts do not qualify to be transferred to another Fluz user. Subject to promotion details, free and discounted gifts may not qualify to be transferred to other users or exchanged for another retailer.

Fluz maintains a zero-tolerance policy for users who abuse promotions through falsified or misrepresented PII or other means. All instances of abuse will result in a complete revocation of promotional gifts and permanent ban from the Fluz app. Fluz reserves the right to deny promo code redemptions and enforce permanent platform bans at its discretion. Such reasons include but are not limited to:

• The creation of fraudulent or duplicate user profiles on the Fluz app
• Suspected promo code abuse or any attempt to “game the system”
• Identity mismatch from Payment Methods, public records, etc
• The unauthorized distribution of promo codes to new or existing users

Promotion redemption may be contingent upon additional actions in or outside of the Fluz app such as completion of the user’s Fluz profile, social media participation, etc. It is the user’s responsibility to read all terms and conditions outlined in this document and the applicable marketing campaign. If the user doesn’t understand the terms and conditions, it is their responsibility to contact [email protected] to seek clarification before the promotional period has ended.

 

Free Gift Promotions

Unless otherwise noted, free gift promotions are intended for new users only. The definition of a “new user” is someone who:

• Has never signed up for the Fluz app and
• Has never received a promotional gift

Free gifts are subject to the retailer and gift amount advertised in the applicable marketing campaign shared via Fluz’s website, social media page(s), email or SMS message(s). Free gifts sent via the “Invite Friends” link or referral program are subject to these same terms and conditions.

 

Discounted Gift Promotions

Unless otherwise noted, discounted gift promotions are available to new and existing users.

Discounted gifts are subject to the qualifying gift retailer and/or gift amount advertised in the applicable marketing campaign shared via Fluz’s website, social media page(s), email or SMS message(s).

Regardless of the discount type or amount, all discounted gift promotions require a valid Payment Method.

 

Mandatory Arbitration

This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.You agree that any all disputes, claims and causes of action relating to these Terms, the Additional Terms, the Services, and/or the Privacy Policy, shall be resolved exclusively through binding confidential arbitration to take place in New York, New York, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association available here: https://www.adr.org/.

You further agree that any arbitration by and between you and Fluz shall be conducted on an individual basis. You agree that you will not join your claim with any other person’s claim. You agree that no claim shall be brought as a mass action and, further, you agree that you will not file any claim in arbitration in a representative capacity whether on behalf of a putative class of claimants or otherwise. You understand and recognize that this is a class action waiver and your continued use of Fluz’s services constitutes a knowing and voluntary waiver of any right to bring a mass action or a class action against Fluz or any related company or individual.

Any award obtained in arbitration shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to these Terms within one year after the claim arises. You agree that a proceeding commenced after this date is barred.

If any provision of these Terms, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of these Terms shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, these Terms shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, these Terms is the entire agreement between you and Fluz with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of Fluz. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.

If you have any questions concerning these Terms or the Services, please contact [email protected].

 

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Fluz logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Fluz or by other parties that have provided rights thereto to Fluz.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Fluz.

Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Fluz, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the site, or frame the site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of Fluz.

 

Copyright Infringement

Fluz respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services you are granting permission to have such User Materials posted on the site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Fluz reserves the right to remove access to infringing material. Such actions do not affect any other rights Fluz may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

 

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:

By Mail: Fluz Fluz LLC, 234 Fifth Ave 2nd Floor New York, NY 10001

By Email: [email protected]

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fluz to locate the material.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fluz to locate the material.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

 

Changes to this Agreement

Fluz reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. Fluz will endeavor to provide notice of any material change to this Agreement on the site or through any mobile app but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.

 

Contact Information

If you have any questions regarding Fluz, the Services, or this Agreement please email us at [email protected].

This Agreement is effective December 1, 2022.