1. Purpose

The purpose of these General Terms and Conditions, hereafter referred to as "T&C," is to regulate the use of the website fuelyourbrands.com and the different services available on it. The use of the website fuelyourbrands.com implies the user's express and unreserved acceptance of these General Terms and Conditions of Use.

These General Conditions of Use govern, along with the Privacy Policy, the access and use, by Users, of the Website www.fuelyourbrands.com.

The use of fuelyourbrands.com confers the status of User and implies acceptance of all terms included in these General Conditions. The User must read these General Conditions carefully every time they access fuelyourbrands.com, as both the website and these General Conditions may undergo changes.

fuelyourbrands.com reserves the right to make, at any time and without prior notice, any modifications or updates to the contents and services of fuelyourbrands.com, these General Conditions, and, in general, to all elements that make up the design and configuration of fuelyourbrands.com.

2. Access to the website

The website fuelyourbrands.com is accessible 24 hours a day, 7 days a week, except in cases of force majeure or an event beyond FUEL's control. However, FUEL reserves the right to interrupt access to the website for technical maintenance reasons or for any other reason without prior notice to the user.

Access to fuelyourbrands.com is free, regardless of the connection cost through the telecommunications network provided by the corresponding access provider, which will be contracted by the User at their own expense and risk.

3. Access to Services and Service Definition

3.1. Access

Access to FUEL services is exclusively reserved for members of the FUEL community, through the creation of a personal account under the conditions mentioned below.

3.2. Definition

The services offered by FUEL are free for Influencers and are defined as follows: Access to the supply, by any suitable means, of products (hereinafter referred to as 'the Products'), regularly marketed under a brand designating said products, entrusted to FUEL by the manufacturer, producer, owner, or authorized distributor of said product (the 'Client'); Participation in competitions organized by FUEL; The possibility of benefiting from a platform for obtaining online products presented according to the photos published by influential social media users; The possibility for social media users to benefit from a platform dedicated to advertising. In the case that the Influencer is the author of content that may be protected by intellectual property law ('Content'), the possibility, at the request of the Client, to transfer the rights over the Content and authorize the exploitation of the rights over the images of the Content in question for any purpose, at a fixed price determined by FUEL.

3.3. Obligations of Advertisers and Influencers

Influencers, or those managing their accounts on their behalf and duly authorized, may refuse the insertion of advertisements from a specific advertiser, service, or product proposed by the Entity, without this constituting a breach of this contract.

Similarly, the texts of sponsored mentions will be proposed by the advertisers, with influencers, or those managing their accounts on their behalf and duly authorized, needing to give their express consent or rejection prior to publication on their social networks.

Advertisers and influencers, or those managing their accounts on their behalf and duly authorized, are solely responsible for the content of the texts that are published and commit to ensuring that these texts do not include content contrary to third-party rights, laws, morality, or public order, and that advertising campaigns comply with regulations related to advertising, information society services and e-commerce, consumers and users, competition law, as well as any other applicable regulations. In no event will this responsibility fall on FUEL.

The influencer commits to carrying out the publications established in the campaign in a timely manner. If, for any unjustified reason or not motivated by a force majeure cause, they decide not to make the corresponding publication(s) in full after receiving the product or incentive of the campaign in optimal conditions and as established in the campaign, they will be obliged to return the product or incentive immediately, also bearing the shipping and management costs.

The influencer commits to maintaining the advertiser's publications for a minimum of 6 months. If this is not fulfilled, they must compensate both the advertiser and FUEL for the losses incurred, as established in the courts of the influencer's country of origin.

The advertiser commits not to utilize influencers or establish an external commercial relationship outside the platform, both during the execution process of their campaign and once their campaign or collaboration period with FuelYourBrands has expired. Breach of this point will be sanctioned and penalized, requiring compensation to FuelYourBrands for damages, losses, and unfair competition, according to the law and competent courts of the country where the service was contracted. Additionally, they will lose platform access and will not have the right to continue executing their campaigns or recover the payment for the service provided.

3.4. Independent and Exclusive Control Panel

Influencers' accounts will be available on the General Panel of fuelyourbrands.com, and thus, any advertiser or brand can propose advertising campaigns to these accounts in accordance with these General Terms.

4. Personal FUEL Account

4.1. Registration

In general, access to services and content on fuelyourbrands.com requires User Registration.

Registration in the personal FUEL account provides access to exclusive member services, including product reception and contest participation. Registration on FUEL's web account is conducted through the dedicated interface, filling out all mandatory information. FUEL reserves the right to reject any incomplete registration. According to the information provided by the user at the time of registration, their profile may align with the Products that the company offers to the user. In such cases, matching is possible. However, FUEL reserves the right to limit this matching based on its own selection criteria. The user guarantees that the information provided for their account creation is accurate, sincere, and personal. It does not constitute abusive or misleading commercial data. The user commits to periodically updating their data to inform FUEL about their personal profile and to benefit from the services offered by FUEL. FUEL reserves the right to delete any account whose addresses, especially postal ones, do not allow for normal shipping and use of the products. User registration automatically creates an account under the social network pseudonym, along with space for user-related information (referred to as the “personal profile”).

4.2. The Personal Account

The personal account is accessible using a username and password (referred to as “login credentials”), which the user can modify within their personal profile. The account is accessible under the same conditions as web access. Login credentials are personal and may not be disclosed or used by a third party under penalty of account suspension or deletion. Creating a personal account does not entitle the user to benefit from all FUEL services; FUEL reserves the right to choose the beneficiaries of Products and services.

The registered user is always responsible for safeguarding their password, consequently assuming any damages that could arise from its misuse, as well as its surrender, revelation, or loss. In this regard, access to restricted areas and/or use of services and content performed under a registered user's password will be assumed to have been carried out by the registered user, who will be responsible in all cases for such access and use.

4.3. Personal Profile

The creation of the FUEL account provides access to a Personal Profile that allows the user to identify themselves within the Community and benefit from FUEL's services. Once the Personal Profile is created, the user is identified within the FUEL Community by the pseudonym and avatar they use on the social network, to which the user consents.

5. Use of Services

5.1. Product Supply

In exchange for the benefits of FUEL's services, the user commits to respecting the Products and the brand image that markets the Products. Thus, the user agrees, in any circumstance, to: Comply with current laws and regulations and not violate third-party rights or public order; Respect the characteristics and limitations, particularly the technical ones, of all the Services offered by FUEL; Act, communicate, express, and write with discernment, courtesy, and respect for others in the comments, appraisals, exchanges that they write and that are spread on social networks and within the FUEL Community. Collaborate with FUEL by providing all necessary information for the proper functioning of the Services. Consequently, the user is prohibited from distributing, in particular, and without this list being exhaustive: pornographic, obscene, indecent, offensive, or inappropriate content for a family audience, defamatory, abusive, violent, racist, xenophobic, or revisionist content, infringing, harmful to the image of third parties, false, misleading, or content that offers or promotes illicit, fraudulent activities or that may mislead, harmful to third-party computer systems (such as viruses, worms, trojans, etc.), and in general Content that may infringe third-party rights or harm third parties, in any way and under any form. Any violation of the provisions of this article may result, immediately and without notice, in the deletion of the user’s account.

If the influencer user enrolls in the campaign and receives the product but does not publish on the agreed dates or does not publish at all, they will have to return the product to the brand and bear the shipping costs. Breach of this clause will result in expulsion from the platform, as well as any potential legal responsibilities and associated costs. Additionally, if the influencer user receives a perishable or non-reusable product but does not publish on the agreed dates, they will have to pay the value of the product.

In no case may the influencer sell or commercialize the products or services provided by the brand, nor publish content that harms the brand's image. Breach of this point will result in a sanction requiring compensation to both the brand and FuelYourBrands for damages, before the law and relevant courts of the country where the collaboration was carried out.

5.2. Use and Consumption of Products

FuelYourBrands acts solely as an intermediary between influencers and brands, and therefore, is not responsible for any possible effects from the use and consumption of products offered as incentives or exchanges; such as intolerances or allergies or any secondary effects from use. The influencer will be responsible for such effects whenever these are explicitly specified on the packaging or use documents of the products, or whenever the brand signs a specific release of liability document with the influencer. Any other effects not specified or not released, or of which the influencer has not been informed or does not have access to, will be solely and exclusively the responsibility of the brand, and they will have to adhere to the responsibilities demanded by the legal framework of the country where the services are contracted.

5.3. Access to Contests

Contests are free and will be subject to specific rules per contest.

5.4. Access to the Online Marketplace

This Service will be subject to specific sale terms and conditions, whose acceptance will be a prerequisite for using the service.

5.5. Photographs, Texts, and Avatars

The user guarantees FUEL that they have all the rights and authorizations necessary for the distribution of content on social networks and within the FUEL community and, in particular, that such content does not violate public order, morality, or third-party rights, does not infringe any legal or regulatory provision, and, in general, is not likely to trigger FUEL's civil or criminal liability. Additionally, the user grants FUEL and the partners that market the products/services/benefits received by the user, the non-exclusive right to exploit, reproduce, in any known or future medium, in order to identify the user within the FUEL Community, but also for advertising and promotional purposes, in Spain and abroad, images, photographs, drawings, avatars, and, more generally, any visual, textual, or graphic publication that represents the products and/or on the occasion of the use of the services or benefits received by the user, distributed within the framework of the FUEL collaboration, in any medium.

6. Rights Assignment and Authorization on Image Rights

The Client may obtain, upon full payment of the price of this option and with the Influencer's written consent, the intellectual property rights (IPR) over the Content and benefit from the authorization to use the images of the persons represented in said Content identified by the Client upon request. In this case, this transfer of intellectual property rights is exclusive, for all purposes, of all rights over the Content, understanding that the Influencer declares and guarantees that the rights transferred are the only rights they can exercise with respect to the Content. The rights transferred include the rights for any use and any direct or indirect exploitation of all or part of the Content and any derived creation, whatever the method, including all rights: (i) reproduction, (ii) representation, transformation, (iii) evolution and arrangement, (iv) exploitation, particularly commercial exploitation, distribution, and marketing, including rental rights; (v) translation, modification, correction, and adaptation, rewriting, (vi) incorporation into any pre-existing or future work, (vii) use, (viii) sublicensing; and this, in any quality, in whole or in part, in any language, by any means, process, and in any form and format, known or to be known. This transfer of rights is worldwide and for the legal protection term of the Content under applicable laws and international conventions on literary and artistic property, including any extensions to the protection period. As a result of this transfer, the Client acquires the status of the Influencer's beneficiary for exercising the aforementioned transferred rights and possesses the broadest rights for any exploitation of all or part of the Content. Regarding image rights, the Performer expressly authorizes the Client to use, reproduce, and/or represent all or part of the person's attributes in the Content for communication and marketing purposes, without limitation and in any media, as well as to transform, modify, reformat the Content, although commercial authorization is prohibited. This authorization is granted to the Client exclusively for the Content, in exchange for the price set by FUEL, worldwide for a period of ten (10) years. This authorization includes the right to make any modifications, additions, deletions, cuts, dubbing, etc. to the original image fixation that the Client deems useful.

7. Guarantee

The Influencer declares and guarantees that the Content (including the linked rights, including image rights) are fully owned and/or that the advertiser has all rights and authorizations for the Content's exploitation and that no agreements or rights may obstruct this guarantee, the transfer, or the authorization to exploit the image. As a result of the above, the Influencer indemnifies FUEL and the Client against any legal action, claim, lawsuit, or eviction of any kind by anyone claiming intellectual property rights that the Content may infringe or has infringed, an act of unfair and/or parasitic competition, and, in particular, to prohibit or restrict its use and, therefore, compensate FUEL and the Client for all consequences that might arise from breaching this guarantee (in particular, all losses, damages, expenses, and/or costs, including, in particular, legal and attorney fees).

8. Payment

All advertising campaigns for advertisers must be paid for at the beginning and, therefore, before sponsored mentions are made.

Advertising campaigns are charged online through the Redsys payment platform and can use VISA and MasterCard cards or via bank direct debit, in which case, advertisers must provide fuelyourbrands.com with an active current account. The data provided by clients/advertisers for this purpose will be treated confidentially in accordance with the Privacy Policy.

Taxes and charges will comply with current legislation, and advertisers, or those managing their accounts on their behalf and duly authorized, will be responsible for fulfilling labor, civil, commercial, fiscal obligations, and social security payments for their own personnel assigned to their activities.

9. Return Policy

The period for making a partial return is 7 calendar days from the purchase date. In the event of requesting a return within these 7 days, a 25% retention of the total purchase amount will be applied to the client for administrative and management costs, and 75% of the total purchase amount will be refunded.

To process a change or return of any campaign made through our platform, contact the Fuel Your Brands team. It is essential to present reasons via email. After 7 days, the platform reserves the right not to make the return.

The refund will be made to the original payment method used for the purchase. Remember that changes and returns can only be made in the same country/region where the campaigns were purchased. If an international transfer is necessary from Fuel, the client will bear the transfer fees.

Up to 10% maximum refund will apply to discounts on purchases; if a larger discount has been applied, the 10% limit will also apply, with the refund corresponding to the market price up to the set limit.

10. Data Processing and Freedoms

FUEL commits that the collection and processing of personal data on this site will be carried out in accordance with the Law on the protection of individuals with regard to the processing of personal data, dated August 6, 2004, on information technology, files, and liberties. As such, the website fuelyourbrands.com is registered under the NIF B-88555461. The user of the site is informed that the information provided through the forms on the website fuelyourbrands.com is necessary to respond to their request and allows its follow-up. The recipients of the provided information are exclusively limited to FUEL and its partners, intending to know it due to their missions. In accordance with the Data Protection Law Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the collected data is kept for a limited period proportional to the purposes for which it is used. In accordance with the articles relating to informatics, files, and freedoms, the user has a right of access, modification, rectification, and deletion of personal data concerning them. Therefore, the user can exercise these rights at any time by mail to FUEL at the address "Calle Puerto de Navacerrada 83, 28935 Móstoles, Madrid, Spain" or on the website fuelyourbrand.com. FUEL will do its utmost to respond to the request as promptly as possible.

11. References and Links

Links may be provided to the user referencing associated or third-party sites. As FUEL cannot control these sites, FUEL is not responsible for the information contained on such sites. FUEL is particularly not liable for any modification or update of these sites or any malfunction of them. FUEL will not be responsible for any direct or indirect damages related to navigation or downloading of hypertext links published on this website.

12. Responsibility

The use of this site implies the knowledge and acceptance by the user of the characteristics and limitations of the Internet and related technologies. FUEL is not responsible for any damages of any kind that may arise from the connection to this website, undertaken by the user under their sole responsibility. Therefore, FUEL declines all responsibility, particularly in cases of misuse or incidents related to the use of the device, internet access, server maintenance or malfunction, telephone line or any other technical connection, and the sending of forms to an incorrect or incomplete address, computer errors, or defects observed on the site. Additionally, FUEL strives to provide accurate and updated information on the site. However, FUEL is not responsible for any inaccuracy or omission on its website fuelyourbrands.com

13. User Warranties

The User exempts FUEL from any complaint, action and/or claim that FUEL may suffer as a result of the User's failure to comply with any of their obligations or warranties under these terms and conditions. The User commits to indemnify FUEL for any damage it may suffer and pay all expenses, charges, and/or judgments it may have to bear as a result.

14. Acceptance of YouTube Terms of Use

By connecting their YouTube account to their FUEL account, the User accepts the terms of use of YouTube

15. Miscellaneous Provisions

FUEL reserves the right to modify these T&C at any time. Users are recommended to regularly read the T&C. The invalidity of all or part of a provision of these T&C does not result in the invalidity of the other provisions.

16. Acceptance

Acceptance of these general conditions is indicated by checking a box in the registration form. This acceptance is total and includes all mentioned points.

17. Applicable Law

This website and this legal notice are subject to Spanish law. Any conflict concerning the interpretation or execution of these T&C will be submitted to the jurisdiction of the competent courts of Madrid.

18. Campaign Execution Conditions

Campaigns (defined as the entirety, including profile selection, communication with them, product/incentive shipment, and publication by all influencers) cannot have a duration shorter than 3 weeks or longer than 6 weeks. Once the campaign end date defined by the brand or agency expires (as long as there have not been issues or unforeseen events by the FuelYourBrands team or influencers), if the campaign has not concluded on the established date by the brand or agency and is therefore their direct responsibility (lack of attention, negligence and/or poor execution), the campaign will be automatically deactivated after prior notice via email. To reactivate it for 2 extra weeks, the client must pay €150 (3500 MXN$, 750,000 COP$, 150,000 CLP, or S/ 650 depending on the country) and so on.

Credits for FAST, HOT, BOMB campaigns and XL packs have a 6-month duration date. After this period, they will be deactivated if not consumed.