Updated: October 1, 2024

Please carefully read these Terms and Conditions and the Flaire Privacy Policy, which is incorporated into these Terms and Conditions by this reference. These Terms and Conditions apply to Flaire’s applications, service, and our websites at flaire.me and flaire.co (collectively, the “Services”).

The Services are not intended for the use of children under 16 and no such person is authorized to use it. By using the Services, you are representing that you are at least 16 years old and of legal age to enter into agreements.

Flaire reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes.

From time to time, we may provide different or additional terms and conditions in connection with some of our Services (“Additional Terms”). For example, additional terms may apply to our referral program and influencer agreements. In such cases, those Additional Terms will become part of your agreement with us if you use those Services. In the event of a conflict between the Additional Terms and these Terms, the Additional Terms will control for that conflict unless specified otherwise.

Services

Flaire is a platform where friends curate a personalized library of places they have been and places they want to go, based on their personal travel and research or the travel and research within their network and / or the larger Flaire network. We provide and operate a website, and people use our Services to recommend, discover, and share places to eat, stay, and do activities in cities across the globe.

Content

Unless otherwise noted, the Services and all Content (as defined below) therein are the property of Flaire and its licensors. By using the Services, you agree to these Terms and Conditions, our Privacy Policy and all applicable laws and regulations. If you do not agree to these Terms and Conditions, do not use the Services.

Unless otherwise noted, and except for User-Generated Content (as defined below), all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to Flaire and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

The Services and the Content on the Services are provided to you “AS IS” and “As Available” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Flaire’s express prior written consent.

Flaire, Flaire’s logo, and all other related names and logos are trademarks or registered trademarks of Flaire. All other names and logos on the Services are trademarks or registered trademarks of their respective owners, where applicable. Reference to any third party-owned trademarks herein is for informational purposes only and is not intended to indicate or imply any affiliation, association, sponsorship or endorsement by any owners of such third party-owned trademarks.

User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) are non-confidential and non-proprietary and may be shared with others on other sites and platforms. All Submissions submitted by you shall be in compliance with these Terms and Conditions. As between you and Flaire, Submissions that constitute feedback, comments or suggestions about the Services and its content (collectively, “Feedback”) will be the sole and exclusive property of Flaire and you hereby irrevocably assign to us all of your right, title and interest in and to all such Feedback, and Flaire shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other non-Feedback Submissions, including User Generated Content (as defined below) you hereby grant Flaire an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms and Conditions.

The Application and social media pages allow you to post messages, interact with content, and submit your own content (e.g., comments, photos, blogs, postings, etc.; collectively, “User Generated Content”), which may include your personal information. You are responsible for all actions resulting from any User Generated Content, including personal information, which you post on the Services or social media pages. Any User Generated Content and personal information contained therein that you post becomes public information, is not subject to our Privacy Policy, and Flaire is not responsible for the results of such postings.

You may not create, post, store or share any User Generated Content that violate these Terms and Conditions or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Submissions, and our use of such content as permitted by these Terms, will not violate any rights of, or cause injury to, any person or entity. Although we have no obligation to screen, edit or monitor Submissions, we may delete or remove Submissions at any time and for any reason with or without notice.

User Generated Content shall not contain images of any children (other than your own) under the age of 18 absent such children’s parental consent.

Flaire lets you exchange recommendations and research with your friends. With Flaire as the platform, we need the ability and rights to do that. Therefore, when you provide User Generated Content, you grant to Flaire, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of that User Generated Content, and your name, voice, likeness and other identifying information where part of User Generated Content, in any form, media, software, or technology of any kind now known or developed in the future, and you hereby waive any moral rights you may have in your User Generated Content.

In addition, you agree that any User Generated Content you submit shall not contain any material that is, in the sole and absolute discretion of Flaire, inappropriate, defamatory, false, obscene, violent, vulgar, unlawful, or otherwise objectionable (hereinafter, “Prohibited Content”). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to Flaire, may result in account suspension or termination.

Flaire may refuse or remove User Generated Content without notice to you. However, Flaire shall have no obligation to monitor User Generated Content, and you agree that neither Flaire nor its affiliates, employees, or agents will be liable for User Generated Content or any loss or damage resulting from User Generated Content. Notwithstanding the foregoing, Flaire reserves the right to monitor all activity conducted over the Application and anticipates that it will do so from time to time.

Flaire does not guarantee that User Generated Content will be private, even if in a password-protected area. Accordingly, you should not provide User Generated Content that you want protected from others. That said, Flaire values your privacy, will protect your information as described in our Privacy Policy, and will encourage other users to do so as well.

You represent and warrant that (a) the user details and other information about you that you provide are truthful, (b) you own the necessary rights to provide the user details, profile image, User Generated Content as well as to grant the rights of use as set forth in the next paragraph, and (c) you are not infringing any privacy right by providing and using the user details, profile image and User Generated Content.

Flaire reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application, for any reason; (2) to modify or change the Application, or any portion of the Application, and any applicable policies or terms; and (3) to interrupt the operation of the Application, or any portion of the Application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Your Use of the Services

The Services are for your personal use only. In connection with your use of the Services, you agree that you will not:

• violate any local, state, provincial, national, or other law or regulation, or any order of a court;
• infringe, misappropriate or violate Flaire’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
• display, mirror or frame the Services, or any individual element within the Services, Flaire’s name, any Flaire trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Flaire’s express written consent;
• access, tamper with, or use non-public areas of the Services, Flaire’s computer systems, or the technical delivery systems of Flaire’s providers;
• attempt to probe, scan, or test the vulnerability of any Flaire system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Flaire or any of Flaire’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

Copyright Policy

We do not permit copyright infringing activities or infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• description of the copyrighted work that you claim has been infringed;
• description of the material that you claim is infringing and where it is located on the Services;
• identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at help@flaire.co or by mail to Copyright Agent, c/o Flaire, Attn: Julia Carter, 3350 Riverwood Parkway, Suite 400, Atlanta, GA 30339. Upon receipt of such notice, Flaire will investigate and remove material if necessary. The complaining party will be notified of the results of such investigation.

Links to Other Sites

The Services contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided as a convenience to our visitors. Such Linked Sites are not under Flaire’s control, and Flaire is not responsible for the content of such Linked Sites, including any information or materials contained on such Linked Sites, although there may be tracking codes on the links to show that Flaire is the origin of the link and to calculate any commissions that may be due to Flaire.

Disclaimer; Limitation of Liability

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS AND CONDITIONS OR THE ADDITIONAL TERMS, THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED BY FLAIRE TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. ALTHOUGH WE STRIVE TO DESCRIBE OUR SERVICES ACCURATELY, WE DO NOT GUARANTEE THAT SUCH SPECIFICATIONS OR DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHERMORE, WHILE WE ATTEMPT TO ENSURE THAT YOUR USE OF OUR SERVICES IS SECURE AND SAFE, WE CANNOT AND DO NOT REPRESENT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES. OUR SERVICES MAY BE SUBJECT TO OTHER RESTRICTIONS AND REQUIREMENTS UNDER APPLICABLE LAW, AND YOU ARE SOLELY RESPONSIBLE FOR RESEARCHING WHAT LEGAL RESTRICTIONS AND REQUIREMENTS MAY APPLY TO YOUR USE OF THE SERVICES. This disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE FLAIRE PARTIES (AS DEFINED BELOW) OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF FLAIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, ANY OF THE FLAIRE PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO THESE TERMS AND CONDITIONS, THE ADDITIONAL TERMS, OR YOUR USE OF THE SERVICES, THE TOTAL AGGREGATE LIABILITY OF THE FLAIRE PARTIES FOR ANY AND ALL SUCH CLAIMS, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO US$50. YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend (if requested by Flaire), and hold harmless Flaire, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “Flaire Parties”), from and against any and all losses, liabilities, claims, demands, damages, judgments, investigations, fines, penalties, settlements, interest, expenses (including attorneys’ fees), or other costs (collectively, “Claims”) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made by, or brought against, any of the Flaire Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (a) your access to or use of our Services, or your conduct or activities in connection with the Services, (b) your User Generated Content or other Submissions; (c) your violation or alleged violation of these Terms and Conditions or the Additional Terms; (d) your violation or alleged violation of any laws, rules, regulations, orders, codes, statutes or ordinances of any governmental or quasi-governmental authorities in connection with your use of our Services or your conduct in connection with our Services; (e) information or material transmitted through you or through your account or devices, even if not submitted by you, that violates, infringes, or misappropriates the rights of another (including but not limited to intellectual property rights, publicity or privacy rights); or (f) any misrepresentation made by you. You agree to promptly notify the Flaire Parties of any third-party Claims, cooperate with the applicable Flaire Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims. Notwithstanding the foregoing, the Flaire Parties retain the right to assume the exclusive defense and control of any Claims and have the exclusive right to settle such Claims. You will not settle any Claims without, in each instance, the prior written consent of the relevant Flaire Party. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Flaire or the other Flaire Parties.

Alpha Services

Some of the features accessible through our Services may be offered as an alpha version or on an evaluation basis (collectively, “Alpha Services”). By their nature, Alpha Services may contain errors, bugs, and other problems that could cause system failure, and the features of the Alpha Services may not yet be complete. There is no guarantee of the continuing functionality of Alpha Services. Because the Alpha Services are subject to change, Flaire reserves the right to alter the Alpha Services at any time, and any reliance on the Alpha Services is at your own risk. YOU ACCEPT THE ALPHA SERVICES “AS IS.” FLAIRE MAKES NO WARRANTY OF ANY KIND REGARDING ALPHA SERVICES. FLAIRE HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. ADDITIONALLY, WE DO NOT GUARANTEE THAT ANY OF OUR SERVICES, WHICH ARE CURRENTLY UNDER DEVELOPMENT, WILL EVER BECOME COMMERCIALLY AVAILABLE TO THE PUBLIC, OR THAT VERSIONS THAT ARE MADE AVAILABLE TO THE PUBLIC WILL HAVE THE SAME SPECIFICATIONS OR PERFORMANCE AS OUR DEVELOPMENT-STAGE PRODUCTS.

Violation of These Terms and Conditions

You agree that Flaire may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to Flaire for which monetary damages would be inadequate, and you consent to Flaire obtaining any injunctive or equitable relief that Flaire deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Flaire may have at law or in equity.

Governing Law; Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FLAIRE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Georgia excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. Any dispute arising hereunder or relating hereto shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. The arbitration shall be held in Atlanta, Georgia, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the state or federal courts of located in Atlanta, Georgia, provided that: (i) the arbitrator shall not have authority to award punitive damages; and (ii) any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a claim of any other party. You and Flaire agree that the arbitrator shall have no authority to arbitrate any claim as a class action or in any other form other than on an individual basis.

Users Outside of the United States

Flaire is operated from the United States. Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Text Messaging

We use your mobile number to send you a confirmation text when you register with us. We may send you service-related announcements when it is necessary (for example, if we must temporarily suspend our service for maintenance). Also, you may choose to receive promotional texts from us based on preferences that you indicate. Participation in mobile messaging is optional and not a condition of purchase. By providing your mobile number and opting in to receive these communications, you are consenting to these Terms and Conditions and to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. The frequency and number of messages you will receive will vary. Message and data rates may apply. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. When you opt-in to the service as noted above, we will send you an SMS message to confirm your signup.

Text Messaging Opt-Out: You can cancel the SMS service at any time. Just text “STOP”. After you send the SMS message“STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. In some cases, you may continue to receive service-related notifications. If at any time you need assistance, just text “HELP”. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Miscellaneous

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. All provisions of these Terms and Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms and Conditions, together with the Flaire Privacy Policy, Additional Terms, and any other legal notices published by Flaire, constitute the entire agreement between you and Flaire with regard to your use of the Services. Flaire’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by Flaire of any provision or any right it has to enforce these Terms and Conditions. Any such waiver must be in writing in order to be effective. These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Flaire is located at:

3350 Riverwood Parkway
Suite 400
Atlanta, GA 30339
help@flaire.co