These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Flyertap LLC, a Nevada limited liability company (“Flyertap,” “we,” “us,” or “our”). These Terms govern your access to and use of the Flyertap website, applications, platform, technology, tools, and any related services, solutions, or offerings that Flyertap makes available now or in the future (collectively, the “Flyertap Platform” or the “Platform”), including the coordination, support, and management of marketing, distribution, delivery, and campaign management services (collectively, the “Services”).
By accessing, visiting, browsing, registering an account on, or otherwise using the Flyertap Platform, and/or by purchasing, accepting, or performing Services facilitated through it, you affirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree to these Terms, or if you do not have authority to bind the entity on whose behalf you are acting, you must not access or use the Platform or any Services.
Flyertap may enter into written agreements with certain Clients or partners (such as Statements of Work, service orders, proposals, or master services agreements). To the extent of any direct conflict between such a written agreement and these Terms, the written agreement will control for the specific subject matter addressed in that agreement, and these Terms will supplement and govern all remaining aspects of the relationship and Platform usage.
1. Definitions and Interpretation
For purposes of these Terms, the following definitions apply. “Users” include, without limitation: (a) any businesses, organizations, agencies, or individuals who request, purchase, or otherwise arrange for Services through Flyertap (“Clients”); and (b) any individuals, teams, or entities who perform field, operational, or support work connected with those Services and whose work is coordinated or facilitated through the Platform (“Service Personnel”).
The term “Service Personnel” includes, by example, persons who perform flyer distribution, delivery or courier activities, canvassing, posting of materials, on-site verification, or other field-based or support tasks. Service Personnel may operate independently, may be engaged through third-party entities, and are not employees of Flyertap.
“Campaign Services” refers to any combination of distribution, posting, delivery, canvassing, placement, in-person marketing, on-site execution, or related services that are planned, coordinated, or administered through the Flyertap Platform. “Flyertap Platform” refers to the entirety of Flyertap’s digital ecosystem, including all websites, web applications, mobile applications, dashboards, APIs, integrations, databases, communication tools, and systems used to manage campaigns, routing, reporting, and related functions.
“User Account” means a registered account created to access the Platform. “Materials” means any content, data, creative files, artwork, photos, GPS logs, metrics, or other submissions, whether provided by Users or generated through use of the Platform.
Unless otherwise required, words in the singular include the plural, and references to “including” mean “including, without limitation.”
2. Arbitration Agreement and Waiver of Jury Trial
By agreeing to these Terms, you and Flyertap agree that any dispute arising out of or relating to the Platform, the Services, or these Terms (“Disputes”) will be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Arbitration will take place in Clark County, Nevada, unless otherwise agreed in writing.
By entering into these Terms, both parties waive the right to a jury trial and the right to participate in class, collective, or representative actions. All Disputes must be resolved on an individual basis. The arbitrator has exclusive authority to resolve all issues of arbitrability.
Nothing in this section prevents either party from (a) filing an individual claim in small claims court, or (b) seeking temporary injunctive relief regarding intellectual property or unauthorized Platform access. Any permitted court proceedings must occur in state or federal courts located in Clark County, Nevada.
3. Platform Purpose and Nature of Services
The Flyertap Platform enables coordination and management of offline marketing and distribution campaigns. Clients may use the Platform to submit campaign requests, provide creative resources, approve plans, and review performance reports. Flyertap uses the Platform to assign, schedule, route, and oversee work performed by Service Personnel.
Flyertap does not directly perform physical distribution or labor; such work is performed by independent Service Personnel. Flyertap focuses on campaign planning, coordination, routing, quality control, verification, dispute resolution, and reporting.
Users agree that Flyertap is not an employer of Service Personnel, and that field conditions may vary due to factors outside Flyertap’s control.
4. User Accounts, Eligibility, and Security
To access certain features, Users may need to register an account. You agree that all account information you provide will be accurate and kept up to date.
Users must be at least 18 years old. You are responsible for safeguarding your login credentials and all activities occurring under your account.
Flyertap may suspend or terminate User Accounts at any time for reasons including fraud, misuse, violation of the Terms, non-payment, or behavior harmful to Flyertap or others.
5. Service Personnel Relationship and Independence
Service Personnel are not employees or agents of Flyertap. They operate independently and are responsible for their own equipment, insurance, schedules, and compliance with law.
Flyertap is not liable for wages, benefits, taxes, workers’ compensation, or other employment-related obligations. Flyertap is not responsible for acts or omissions of Service Personnel, including property damage or personal injury.
6. Payments, Fees, Invoicing, and Refunds
Clients agree to pay all fees related to Services ordered through the Platform. Unless otherwise agreed, all payments must be made in advance via Stripe or another approved processor. Fees may include base service fees, distribution costs, processing fees, taxes, and logistics fees.
Once Services begin, fees are non-refundable except where Flyertap determines a credit is appropriate (e.g., administrative error or inability to perform). Refunds, if any, are typically issued as service credits. Processing fees are non-refundable.
Service Personnel are paid per task or campaign upon verification of completion. They are responsible for their own payment platform fees.
Flyertap may suspend Services or Platform access due to non-payment or chargebacks.
7. Campaign Services, Performance, and Quality Assurance
Campaign scope may be documented in proposals, statements of work, invoices, or other written communications. Scope may include quantities, areas, time windows, density requirements, and proof-of-performance requirements.
Flyertap may collect GPS tracking, timestamps, photos, videos, and route logs for verification, analytics, reporting, and service improvement.
Flyertap may adjust campaign execution due to real-world conditions such as weather, safety concerns, regulations, or property access issues.
Flyertap does not guarantee specific business outcomes, revenue, or conversions from any campaign.
8. Intellectual Property and Use of Materials
Flyertap retains all rights to the Platform and underlying technology. Clients retain ownership of creative assets they provide, and grant Flyertap a limited license to use such assets for campaign purposes.
Service Personnel acknowledge that photos, GPS logs, and other performance data may be collected and used by Flyertap. Flyertap may use such data for verification, analytics, and improvement. Personally identifiable performance data will not be sold to third parties except where required by law.
9. Third-Party Services and Integrations
The Platform may rely on third-party services such as Stripe, mapping services, hosting providers, analytics tools, and communication platforms. Flyertap is not responsible for the performance or security of third-party services.
Your use of third-party services is subject to their own terms and policies.
10. Confidentiality
Users may be exposed to Confidential Information such as pricing, client lists, internal processes, campaign strategies, and technical information.
Users agree to protect Confidential Information and use it only for purposes related to the Platform or Services. Confidential Information may be shared only with individuals who have a legitimate need to know and are bound by confidentiality obligations.
Confidentiality obligations do not apply to information that becomes public, is known without restriction, is received lawfully from a third party, or is independently developed. These obligations survive for five (5) years.
11. No Guarantees; Service Conditions
Users acknowledge that marketing and distribution campaigns are influenced by many external factors such as weather, consumer behavior, traffic, regulations, and property access.
Flyertap does not guarantee outcomes, and the Platform is provided “as is” without warranties. Minor deviations or adjustments made in good faith do not constitute breach of contract.
12. Limitation of Liability
To the maximum extent permitted by law, the Platform and Services are provided “as is” without warranties of any kind. Flyertap disclaims all implied and express warranties, including merchantability and fitness for a particular purpose.
Flyertap is not liable for indirect, incidental, or consequential damages, including loss of revenue, profits, goodwill, or business opportunities. Flyertap is not responsible for acts or omissions of Service Personnel, Clients, or third parties.
Flyertap’s total liability for any claim shall not exceed the amount paid by the Client for the specific campaign or Service giving rise to the claim.
