Flyers Up LLC — Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Flyers Up website, mobile application, and related services (collectively, the “Platform”), operated by Flyers Up LLC (“Flyers Up,” “we,” “our,” or “us”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Definitions

• Customer means a user who requests or books services through the Platform.
• Pro means an independent service provider offering services through the Platform.
• Booking means a service request accepted by a Pro through the Platform.
• Content means any text, images, videos, reviews, messages, listings, or other materials submitted through or displayed on the Platform.
• Fees means platform fees, service fees, processing fees, cancellation fees, or other charges disclosed to you at checkout or otherwise within the Platform.
• Payment Processor means third-party payment providers, including Stripe, used to process payments and payouts.

2. Platform Role; No Employment Relationship

Flyers Up is a technology marketplace that facilitates connections between Customers and Pros. Flyers Up does not provide the services performed by Pros and does not supervise, direct, or control Pros’ work. Pros are independent contractors and are not employees, agents, partners, joint venturers, or representatives of Flyers Up. Any service agreement is solely between the applicable Customer and Pro. Flyers Up is not a party to any such agreement.

3. Eligibility; Accounts

You must be at least 18 years old to use the Platform. You are responsible for maintaining accurate account information, safeguarding credentials, and all activity occurring under your account. We may suspend or terminate your access to the Platform if we reasonably believe you have violated these Terms, engaged in fraud or misconduct, or created legal, compliance, or safety risk.

4. Bookings; Services

Customers may submit service requests through the Platform. Pros may accept or decline requests in their sole discretion. Acceptance creates a Booking between the Customer and the Pro. Flyers Up does not guarantee that a request will be accepted, that a Pro will be available, or that any service outcome will meet expectations.

5. Payments; Charges; Payouts

5.1 Customer Charges

By submitting a Booking request, you authorize Flyers Up (via the Payment Processor) to charge your selected payment method when the Booking is accepted, or as otherwise disclosed at checkout or within the Platform. Charges may be authorized at acceptance and captured immediately or after service completion, as disclosed at checkout. The timing and method of authorization or capture may change as platform features evolve, as disclosed to you.

Fees will be disclosed prior to charge. Platform Fees are non-refundable except where required by applicable law.

5.2 Pro Payouts

Payouts to Pros are processed through Stripe Connect (or a similar Payment Processor integration). Payout timing is not guaranteed and may be delayed or withheld due to, without limitation: Payment Processor rules, verification/compliance reviews, disputes, chargebacks, suspected fraud, risk controls, or other integrity or legal requirements. Flyers Up may, to the extent permitted by law and Payment Processor rules, hold, reverse, offset, or adjust payouts to resolve disputes, satisfy refunds, address chargebacks, mitigate fraud, or enforce these Terms and related policies.

6. Cancellations; No-Shows; Refunds; Disputes

Important: Refund eligibility may depend on timing and circumstances and may be further described at checkout.

• Cancellation window (Customer): Cancel at least 24 hours before the scheduled service time to be eligible for a refund of the service amount paid, excluding Fees. Platform Fees are non-refundable except where required by law.
• Late cancellations: Cancellations within 24 hours may result in a partial refund or no refund, as determined by Flyers Up in accordance with its then-current policies and the information disclosed at checkout.
• No-shows: Customer no-show: no refund (except where required by law). Pro no-show: refund or credit may be issued at Flyers Up’s discretion.
• Disputes: Must be reported within 7 days of service completion. Approved refunds, if any, are returned to the original payment method unless otherwise required by law or Payment Processor rules.

7. Verification; Background Checks; Coverage Disclaimers

Flyers Up may offer verification, credential uploads, identity checks, or third-party screening. Verification may include document review and/or third-party checks. Flyers Up does not independently guarantee authenticity or accuracy unless explicitly stated. Verification, badges, ratings, or trust indicators do not guarantee quality, safety, legality, or performance. Users are solely responsible for conducting their own due diligence. Any coverage or insurance feature may not be available in all locations, may be provided by third parties, and is governed by separate terms.

8. User-Generated Content; License; Removal

You retain ownership of your Content as between you and Flyers Up. By submitting Content, you grant Flyers Up a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (for formatting), display, distribute, and otherwise use such Content to operate, improve, and promote the Platform and Flyers Up services. Where feasible, you may revoke marketing use by deleting the applicable Content; however, Content may persist in backups or where retention is required for legal, security, or operational purposes. Flyers Up may remove or restrict Content that violates these Terms, policies, or applicable law.

9. Intellectual Property; DMCA

If you believe content infringes your copyright, submit a complaint to hello.flyersup@gmail.com and include identification of the copyrighted work and the allegedly infringing material, along with sufficient information to locate it. Flyers Up may remove allegedly infringing content and may terminate repeat infringers where appropriate.

10. Prohibited Conduct

You agree not to circumvent platform fees or solicit off-platform payments; commit fraud, misrepresentation, or impersonation; scrape, reverse engineer, interfere with, or abuse the Platform; harass, threaten, defame, or discriminate; upload false credentials, misleading listings, or fraudulent reviews; or violate applicable laws or regulations. Violations may result in suspension or permanent removal.

11. Safety; Emergencies

The Platform is not intended for emergency services. If you need immediate assistance, call 911 or local emergency services.

12. Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights.

Except as set forth below, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. Either party may bring an individual claim in small claims court if it qualifies, or seek injunctive relief for unauthorized use of intellectual property. Arbitration shall take place in New York, NY, unless the parties agree otherwise. Arbitration fees and costs will be allocated in accordance with the administrator’s rules and applicable law. You and Flyers Up agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Opt-Out: You may opt out of arbitration within 30 days of account creation by emailing hello.flyersup@gmail.com with your name and account email and a clear request to opt out of arbitration, or by mailing written notice to the address listed below.

13. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

14. Electronic Communications

You consent to receive notices and communications electronically via email and/or in-app notifications.

15. Disclaimers; Limitation of Liability

The Platform is provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Flyers Up disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Flyers Up does not warrant that the Platform will be uninterrupted, secure, or error-free.

To the maximum extent permitted by law: (i) Flyers Up shall not be liable for any indirect, incidental, special, consequential, or punitive damages; and (ii) Flyers Up’s total liability for all claims shall not exceed the platform fees paid to Flyers Up in the prior 12 months.

16. Miscellaneous

Severability: invalid provisions do not affect the rest. Assignment: Flyers Up may assign these Terms; you may not assign without written consent. Entire Agreement: these Terms constitute the entire agreement. No Waiver: failure to enforce is not a waiver. Third-Party Beneficiaries: none.

17. Contact

Flyers Up LLC — hello.flyersup@gmail.com

Mailing Address: c/o Registered Agent (mailing address on file)