1. Agreement & Updates
By using Flyertap’s platform or services (“Services”), you (“Contractor”) agree to be bound by these Terms of Use (“Terms”), which form a legal contract between you and Flyertap. If you do not agree, do not use the Services.
Flyertap may update or amend these Terms at any time. Updated Terms become effective upon posting at this location or on our app. Your continued use after such posting constitutes your acceptance of the updated Terms.
2. Relationship & License
You are an independent contractor—not an employee, partner, or agent of Flyertap. Nothing in these Terms creates a joint venture or employment relationship.
Flyertap grants you a limited, non-exclusive, non-transferable license to access and use our platform solely to perform the contracted services. This license is revocable at Flyertap’s discretion.
3. Use Restrictions
You may not:
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Assign or transfer your rights under these Terms without Flyertap’s prior written approval.
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Interfere with the platform’s operation or reverse-engineer any part of it.
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Use the Services for unlawful or unauthorized purposes.
Any unauthorized attempt to assign rights will be void.
4. Service Performance
You acknowledge that Flyertap acts as a platform connecting users with Contractors; Flyertap does not perform delivery, distribution, or courier services itself.
5. Contractor Conduct
You must:
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Comply with all applicable laws and local regulations.
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Act professionally and ethically at all times.
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Provide services in a safe and timely manner.
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Bear responsibility for your equipment and materials.
6. Termination
Flyertap may terminate these Terms or suspend your access at any time—for any reason or no reason—without liability.
7. Disclaimers & Liability
Flyertap makes no warranty regarding services rendered and is not liable for damages resulting from a Contractor’s actions or omissions.
8. Amendments & Supplemental Policies
Flyertap may introduce supplemental terms for specific promotions, events, or service types. These additional terms will supplement—and override in case of conflict—these Terms.
9. Notices
To give notice to Flyertap, you may send it via [email/in-app method or physical address], as specified in our communications or platform interface.
10. General Provisions
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Severability: If a provision is invalid, the rest remain enforceable.
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Waiver: Flyertap’s failure to enforce a right doesn’t waive that right.
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Assignment: Flyertap may assign the Terms without consent (e.g., to affiliates or successors).
11. Indemnification
Contractor agrees to defend, indemnify, and hold harmless Flyertap, its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including legal fees) arising out of:
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Contractor’s performance of services,
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breach of these Terms,
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violation of law, or
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negligence, misconduct, or willful acts.
12. Insurance
Contractor is solely responsible for maintaining appropriate insurance coverage at their own expense, which may include but is not limited to: general liability, automobile, and workers’ compensation insurance (where required by law). Flyertap may request proof of insurance at any time.
13. Payments & Fees
Flyertap facilitates payments between users and Contractors but does not guarantee a minimum income or wage. Contractors acknowledge that:
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All payments are subject to applicable service fees.
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Flyertap may deduct commissions, charges, or adjustments before remittance.
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Flyertap is not responsible for payment disputes between Contractors and clients beyond platform facilitation.
14. Dispute Resolution & Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration on an individual basis, in accordance with the rules of the American Arbitration Association.
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Waiver of Class Actions: Contractors waive the right to participate in class actions or collective lawsuits against Flyertap.
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Venue: Arbitration shall take place in [Insert State/City].
15. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to conflict-of-law principles.
16. Confidentiality & Non-Solicitation
Contractors agree not to disclose, share, or misuse any confidential information obtained through Flyertap, including client data, pricing, and business processes.
Contractors further agree not to solicit or contract directly with Flyertap’s clients outside the platform for a period of twelve (12) months following the last use of the Services.
17. Limitation of Liability
To the maximum extent permitted by law:
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Flyertap’s liability to Contractor for any claim shall not exceed the amount Contractor earned through the platform in the six (6) months preceding the event giving rise to the claim.
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Flyertap shall not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or lost opportunities.
18. Background Checks & Eligibility
Contractor acknowledges that Flyertap may, at its sole discretion, require background checks, driving record checks, or proof of legal work eligibility as a condition of participation on the platform. Failure to meet these requirements may result in suspension or termination.
19. Taxes & Financial Responsibility
Contractor is solely responsible for all taxes, withholdings, and other statutory obligations (including self-employment and income taxes) arising from payments received through the platform. Flyertap will not withhold or remit any such amounts on behalf of Contractors.
20. Intellectual Property (IP)
Any content, reports, data, images, or other materials submitted by Contractors through the Services may be used by Flyertap under a worldwide, royalty-free, non-exclusive license to store, distribute, and display such content for business and operational purposes.
21. Safety & Compliance Standards
Contractors must comply with all safety rules and local regulations while performing services, including but not limited to traffic laws, littering rules, and municipal ordinances related to flyer distribution, delivery, or courier work.
22. Force Majeure
Flyertap shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, labor disputes, government actions, or technology disruptions.
23. Data & Privacy
Contractors acknowledge and agree that their personal data may be collected, stored, and used in accordance with Flyertap’s Privacy Policy, which is incorporated by reference into these Terms.
24. Survival
The provisions relating to Indemnification, Confidentiality, Limitation of Liability, Dispute Resolution, Governing Law, and Non-Solicitation shall survive termination or expiration of these Terms.
25. Non-Compete (During Engagement)
While actively contracted through Flyertap, Contractor shall not perform flyer distribution, courier, or delivery services for any direct competitor within [defined region], unless expressly approved by Flyertap.
26. Equipment & Expenses
Contractors are solely responsible for providing and maintaining their own equipment, devices, transportation, fuel, printing costs, and any other materials required to perform services. Flyertap is not obligated to reimburse Contractors for such expenses.
27. Code of Conduct & Representation
Contractors agree not to:
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Misrepresent themselves as employees or agents of Flyertap,
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Engage in harassment, discrimination, or abusive behavior toward clients, customers, or other contractors,
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Act in any manner that damages the reputation of Flyertap.
28. Compliance with Third-Party Property Rights
Contractors must respect third-party property rights, including “no solicitation” areas, private property rules, and advertising regulations. Contractors shall not place flyers or perform services in restricted or prohibited locations.
29. Right to Audit & Monitoring
Flyertap reserves the right to monitor or audit Contractor activities, including requiring proof-of-service documentation (e.g., photos, GPS tracking, time logs). Refusal to provide such proof may result in withholding of payment or termination.
30. Modification or Suspension of Services
Flyertap reserves the right to modify, suspend, or discontinue any aspect of its platform or services at any time, without liability to Contractors.
31. Entire Agreement
These Terms, together with any supplemental policies referenced herein, constitute the entire agreement between Contractor and Flyertap, and supersede all prior or contemporaneous agreements, promises, or understandings, whether written or oral.
