Flycrew Terms of Service

Please read this Terms of Service Agreement (“Terms” or “Agreement”) carefully. These Terms govern your use of:

By accessing or using our Services in any way—including clicking an “I Accept” button, completing the sign-up process, making products available for purchase, browsing the Site, or downloading any Application—you represent and warrant that:

If you do not agree to these Terms, you are not permitted to access or use any part of our Services.

Important Clauses in These Terms Include:

Note: Section 25 (Arbitration Agreement) contains terms about how we resolve disputes between you and Flycrew, including an agreement to arbitrate (with limited exceptions) and a class action waiver. Please review Section 25 carefully. Unless you opt out within 30 days, you agree that:

Any dispute or request for relief relating in any way to your use of the Site will be governed by Delaware law, consistent with the U.S. Federal Arbitration Act, without regard to principles of conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Section 3.4 (Flycrew Communications) describes your consent to receive communications from us, including by email, text message, phone calls, and push notifications.

Some Services may be subject to additional terms (“Supplemental Terms”), either listed in these Terms or presented to you when you sign up for the relevant features. If these Terms conflict with any Supplemental Terms, the Supplemental Terms govern with respect to those Services.

2.1 Flycrew as Merchant of Record

Our Services let certain digital product sellers (“Suppliers” or “Providers”) designate Flycrew as a non-exclusive reseller for eligible digital products (“Digital Products” or “Products”). These Products can be offered to buyers (“Buyers”) either through our Website or through any Supplier-owned or controlled site (“Supplier Property”) integrated with our Services. Flycrew bears no responsibility for transactions that occur outside the scope of the Services.

2.2 Flycrew Affiliate Program

Suppliers may join Flycrew’s Affiliate Program, naming one or more eligible users as “Affiliates.” Affiliates can promote the Supplier’s Digital Product(s) through specialized links (“Links”), earning a financial payout for each completed sale (“Affiliate Transaction”) traced back to those Links. The Supplier determines the payout percentages or rates for Affiliates, subject to the program’s terms and conditions.

3.1 Exercise Caution

When engaging with other users—Buyers, Suppliers, or otherwise—exercise common sense and caution, just as you would with strangers in person. You alone are responsible for your interactions; however, Flycrew reserves the right, without obligation, to step in if disputes arise among users.

3.2 Use of the Services

Our Services and any associated content are protected by intellectual property laws worldwide. Unless otherwise stated by Flycrew, your right to use our Services is subject to these Terms.

4.1 Creating an Account

Certain aspects of the Services require registration of a Buyer or Supplier account. You agree to provide accurate, current, and complete information, maintain and update it promptly, and keep your login credentials secure. You represent that you are at least 13 years old, of legal age to form a contract, and not barred from using the Services under applicable law.

4.2 Additional Verification

Flycrew may (but is not required to) request extra information from Buyers or Suppliers to verify identity (e.g., government-issued ID), aiming to reduce fraud, money laundering, or other illegal activities.

4.3 Access via Third-Party Accounts

If you link a social network or other third-party service account to the Services, you authorize Flycrew to access and store certain information from that account, as permitted by your privacy settings on that platform. Any relationship you hold with those third-party services is governed solely by their terms, and Flycrew is not liable for errors or misconduct by these third parties.

4.4 Hardware, Software, and Fees

You are responsible for providing and maintaining the hardware and software (e.g., computers, smartphones) to connect with our Services. You must also cover any fees (e.g., internet connectivity, data charges) linked to accessing the Services.

We use providers such as Stripe, Inc. and PayPal to handle payment processing. By using the Services:

6.1 Appointment of Flycrew as Reseller

By using the Services as a Supplier, you appoint Flycrew as your non-exclusive reseller of the Digital Products you list, subject to our eligibility criteria. We reserve the right not to offer any product deemed fraudulent or illegal. You acknowledge and agree that Flycrew is the merchant of record for the resale of your Products to the Buyers, and that you shall not issue any invoice or make any demand for payment to any Buyer in relation to any completed resale of your Products through the Services.

6.2 Merchant of Record Services

As the merchant of record, we will:

6.3 Pricing

While you can suggest a retail price, Flycrew, in its merchant-of-record capacity, may ultimately set the resale price offered to Buyers.

6.4 Flycrew Fee and Supplier Fee

We charge a per-transaction fee (“Flycrew Fee”) for each sale. This fee is deducted from the purchase price, and you receive the remainder (“Supplier Fee”), minus any taxes or other charges applicable. Flycrew reserves the right to offset funds if you owe or are likely to owe sums under these Terms.

6.5 Reverse Invoice for Supplier Records

Flycrew will provide, through the Supplier Account, a mechanism for Suppliers to download a reverse invoice corresponding to each payment of Supplier Fees. This reverse invoice serves as documentation for the relevant transaction. Suppliers acknowledge and agree that (a) the issuance of a reverse invoice is for convenience only, (b) Suppliers remain responsible for complying with all applicable tax and accounting requirements in their jurisdiction, and (c) Flycrew makes no representations regarding the legality or sufficiency of such invoices for any particular tax or accounting purpose.

6.6 Licenses

You grant Flycrew a worldwide, non-exclusive, royalty-free license to market and resell your Products, as well as to display your trademarks or logos (“Your Trademarks”) for promotional and marketing purposes.

6.7 Delivery of Digital Products

You must upload each Digital Product in an approved format. After a Buyer completes a purchase, Flycrew will facilitate delivery (e.g., download or streaming).

6.8 Representations and Warranties

You affirm that:

7.1 If You Are a Supplier

Flycrew manages refund requests, chargebacks, and disputes at its sole discretion. You must provide all requested information to help resolve buyer disputes and reimburse Flycrew for any amounts paid out or costs incurred due to these disputes.

7.2 If You Are a Buyer

You are responsible for properly handling or discarding any Digital Product that might expose you to further liability. If you seek a refund and also file a dispute with your payment provider for the same transaction, Flycrew may decline your refund request. Avoid duplicating refund requests across multiple channels.

8.1 Checkout Process

A Buyer may purchase Products with or without an account. Once you provide an authorized payment method, you bear responsibility for all approved charges. All payments must be processed through our Platform.

8.2 Subscriptions

Certain Products may be sold on a subscription basis. Subscriptions auto-renew at then-current rates until you cancel. If a renewal payment fails, Flycrew may suspend or terminate your subscription. If you cancel, your subscription remains active until the current billing term ends, and you typically will not receive prorated refunds.

If a Product’s listed price is in a currency other than USD, Flycrew will convert it to USD based on an exchange rate it deems suitable. We cannot ensure the displayed exchange rate is the absolute latest, due to market fluctuations.

Because Flycrew acts as merchant of record, it may handle indirect tax obligations (sales tax, VAT, etc.) on transactions, where applicable. In some scenarios, the Buyer or Supplier may be responsible for certain taxes (e.g., reverse-charge situations). You remain responsible for declaring and paying any direct or personal taxes related to your own revenues or activities.

Suppliers must comply with all applicable laws and with Flycrew’s policies, especially regarding:

12.1 User Content

Flycrew is not responsible for user-generated content (“Your Content” or “User Content”). You assume all liability for any content you post or upload. Flycrew may, without obligation, monitor, remove, or restrict any content if it deems it violates these Terms or the law.

Unless otherwise stated, Flycrew and its licensors own all intellectual property rights in the Services. You agree not to reverse-engineer, disassemble, decompile, or attempt to derive source code from any Flycrew software or documentation. “Flycrew” and any related marks, logos, or service names are our property and may not be used without permission.

You shall not use the Services for illegal acts, spam, fraud, harassment, hacking, or any other misconduct. You must not upload viruses or malicious code, impersonate another user, manipulate prices, or subvert the functioning of the Platform.

The Platform may not be used to solicit users for any purpose not directly related to buying or selling through Flycrew. You may not gather email addresses or personal data from others without explicit consent.

We reserve the right to investigate, monitor, remove, or deny access to content at our discretion. If we detect possible violations, we may suspend or terminate your account immediately.

17.1 Your Liability

You bear sole responsibility for your interactions with other users or third parties. Flycrew is not liable for damages arising from user-to-user disputes, though we may intervene at our own discretion.

17.2 Circumventing the Platform

Arranging off-platform transactions with the intent of bypassing Flycrew’s fees violates these Terms and may lead to suspension or termination of your account.

Except as expressly stated, Flycrew disclaims any liability arising from user disputes. If you have a conflict with one or more users, you release Flycrew (including affiliates, employees, and agents) from all claims or damages related to that conflict.

You agree to indemnify and hold harmless Flycrew and its affiliates from any expenses (including reasonable attorneys’ fees) arising out of:

Our Services are provided “as is” and “as available.” To the maximum extent permitted by law, Flycrew disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free access, nor the correctness or reliability of any content, product, or service obtained through the Services.

To the fullest extent permitted by law, Flycrew (and its affiliates, employees, officers, or agents) will not be liable for indirect, incidental, special, or consequential damages (including loss of profits, business interruption, or loss of data). In any event, our liability will not exceed the total fees you paid to Flycrew in the one-month period before the claim arose or USD $100, whichever is greater. Because some jurisdictions do not allow certain limitations of liability, some of these limitations may not apply to you.

Flycrew may suspend or terminate user accounts accused of repeated copyright violations. If you believe your copyrighted work has been used on the Services without authorization, follow the procedure described in our legal notices for submitting a copyright infringement claim.

This Agreement begins when you first accept these Terms and continues as long as you use the Services. Flycrew may terminate or suspend your account or the Services at any time, without prior notice, for conduct it deems in violation of these Terms or otherwise harmful. You will not be entitled to refunds for terminated Services unless required by law.

Our Services are accessible worldwide. However, accessing them from other jurisdictions is at your own initiative, and you are responsible for compliance with local regulations.

25.1 Applicability

Any dispute arising out of or relating to your use of the Services or these Terms, including disputes that may have arisen before these Terms took effect, shall be resolved by binding arbitration, except that:

25.2 Waiver of Jury Trial

Both you and Flycrew waive any constitutional or statutory rights to proceed to court and have a trial in front of a judge or jury, to the extent permissible under law.

25.3 Class Action Waiver

You and Flycrew agree to resolve disputes only on an individual basis, waiving the right to participate in any class or representative action. If a court finds this waiver invalid, the parties agree that the disputed portion shall be severed and litigated in court, while remaining claims are arbitrated.

25.4 Opt-Out

You have 30 days from when you first accept these Terms to opt out of arbitration by sending written notice to our legal address in Wilmington, Delaware. If you opt out, only Sections 25.1 to 25.3 of this Agreement regarding arbitration do not apply; all other terms remain in full effect.

25.5 Arbitration Procedure

If informal resolution fails, either party may begin arbitration in Delaware or another mutually agreed location. Each side shall bear its own attorneys’ fees and costs, unless otherwise required by arbitration rules or decided by the arbitrator.

Our Platform may contain links or references to third-party websites, apps, or ads. We do not control or endorse these third parties and are not responsible for their content, policies, or services. You should review their terms and privacy policies before interacting with them.

27.1 Electronic Communications

By using the Services or emailing us, you consent to receive electronic communications. You agree that all notices and disclosures we send you electronically satisfy any legal requirement for them to be in writing.

27.2 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. Any attempted transfer in violation of this provision is null and void.

27.3 Force Majeure

Flycrew is not liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, wars, terrorist acts, labor disruptions, or governmental actions.

27.4 Contact Information

For questions, complaints, or claims regarding the Services, you may write to:

Flycrew Interactive, Inc.

Attention: Legal Department

251 Little Falls Drive,

Wilmington, DE 19808, USA

27.5 Changes to This Agreement

Flycrew may update these Terms at any time. Material changes will be posted on our Site or communicated to registered users by email. Continued use of the Services after updates are posted constitutes acceptance of the revised Terms.

27.6 Exclusive Venue

If, for any reason, a dispute proceeds in court rather than arbitration, such dispute will be litigated exclusively in the state or federal courts located in Delaware, and you and Flycrew both consent to personal jurisdiction in those courts.

27.7 Governing Law

These Terms and any related action shall be governed by the laws of Delaware, without regard to conflict-of-law principles, and in accordance with the Federal Arbitration Act when applicable.

27.8 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that portion shall be construed to reflect the parties’ original intention as closely as possible, and the remaining portions remain in full force and effect.

27.9 Entire Agreement

These Terms, along with any Supplemental Terms, form the entire agreement between you and Flycrew regarding the Services, superseding any prior or contemporaneous understandings.