Tagly Terms of Service

Effective date: December 1, 2025 Last updated: August 8, 2026

Summary of Key Points (Plain-Language Overview) This summary is for convenience only. The full Terms of Service below are the legally binding agreement.

What Tagly is. Tagly lets you share Instagram Stories about local businesses and earn money based on how your Story performs. Businesses fund this with prepaid credits or a linked card.
Your agreement. By using Tagly you agree to these Terms, the Privacy Policy, and, before monetizing content, the Terms of Monetization. You also remain bound by Instagram's rules.
How rewards work. You see an estimate before you share; the real reward is calculated from actual Instagram statistics about a day later. Every Share is reviewed by our team first. Estimates are not guaranteed, and some Shares earn nothing.
Content standards. Your Story must genuinely promote the business you select and visibly reference it; an automated check enforces this. Adult content, violence, hate, and anything prohibited by Instagram or the app stores is not allowed or monetized.
Your responsibilities. Keep your Instagram connected and your Story live. Deleting the Story, revoking access, fraud, bots, or fake engagement leads to unrewarded Shares or account termination.
Advertisers. Keep your business information accurate and your account funded. If a payout exceeds your remaining balance, the customer is still paid in full and your balance can go negative; you must settle it. Credits are non-refundable, but we may refund unused Credits on request at our discretion.
No guaranteed earnings. Rewards depend on real performance. Nobody is guaranteed to earn anything.
Third parties. Tagly depends on Instagram, Stripe, and other services. Their outages or decisions can affect rewards, and we are not liable for them.
Leaving. You can delete your account at any time; your earned balance is paid out first. Disputes with U.S. users go to individual arbitration. Different rules protect EEA users (Section 16).

1. Introduction

1.1 Who We Are and What You Are Agreeing To

These Terms of Service ("Terms") are a legally binding agreement between you ("you") and Flaer, Inc., a Delaware C-Corporation operating the Tagly platform ("Tagly," "we," "us," or "our"), 251 Little Falls Drive, Wilmington, DE 19808, USA.

These Terms apply to:

the Tagly app (for Users),
the Tagly Partner app (for Advertisers),
our websites (taglyapp.com and tagly.cz, and the legacy flaer.app and flaer.cz domains, including all subdomains) and landing pages,
and all related features, monetization programs, and services.

By creating an account or using Tagly, you agree to these Terms, the Privacy Policy, and, where you monetize content, the Terms of Monetization (which you accept expressly each time you create a Share). If you do not agree, do not use Tagly.

1.2 Content Standards

Tagly does not allow or monetize adult content, violence, hate, illegal activity, or any content prohibited by Apple App Store Review Guidelines, Google Play policies, or Instagram's policies.

1.3 No Affiliation with Instagram

Tagly is not endorsed by, affiliated with, or sponsored by Instagram or Meta Platforms, Inc. Using Tagly requires compliance with all applicable Meta platform rules.

1.4 Changes to the Platform

We may update the platform, its algorithms, pricing structures, reward formulas, the Tagly Platform Fee, referral rules, content eligibility policies, and advertiser funding requirements. Section 14 describes how changes to these Terms are made and notified; Section 16.8 gives Advertisers in the EEA specific notice rights.

1.5 Communications

We may send you service, security, and policy communications in the apps and by email. Marketing communications are sent only as described in Section 9.5.

2. Definitions

These definitions apply to these Terms, the Terms of Monetization, and the Privacy Policy (which may supplement them for privacy-specific terms).

"User" — a person using the Tagly customer app.
"Advertiser" or "Business" — a person or entity using Tagly Partner to operate a business page, fund promotion, and view aggregated results.
"Account" — a User or Advertiser registration, including sign-in identifiers, connected Instagram accounts, and associated data.
"Business Page" — the public profile of a business inside Tagly (name, description, category, address, images, and optional details).
"Eligible Content" — the Instagram content formats offered for monetization in the app. Currently, Instagram Stories.
"Share" — Eligible Content submitted through the app for monetization, together with its stored media copy, metadata, insights, and reward data. Shares are created and processed as described in the Terms of Monetization, are subject to review by Tagly before becoming visible to the Advertiser, and cannot be deleted by the User.
"Estimated Reward" / "Estimated Price" — the preliminary, non-binding value shown to the User and the Advertiser around Share creation. Where the business's remaining budget limits it, estimates are shown as an "up to" amount.
"Final Reward" / "Final Price" — the definitive amounts calculated after Instagram insights are collected, approximately 24 hours after the content was posted. If insights cannot be retrieved, the Final Reward and Final Price may be zero.
"Insights" — performance metrics retrieved once per Share from Instagram's API (such as views, reach, replies, shares, taps, exits, follows, and profile visits).
"Credits" — prepaid balances purchased by Advertisers through Stripe and used to fund Shares and platform fees. Credits have the properties described in Section 6.
"PAYG" — the pay-as-you-go funding mode, where an Advertiser links a card that is charged per settled Share instead of prepaying Credits.
"Referral Program" — features that reward accounts for referring new Users or Advertisers. Current rates are shown in the app and may change or be discontinued (Section 6.9).
"Tagly Platform Fee" — the percentage or amount Tagly retains from monetized Shares, which may change (Section 6.5).
"Stripe Account" — your payment profile with Stripe, subject to Stripe's terms and verification requirements.
"Instagram Data" — information obtained from Instagram with the User's authorization, as described in the Privacy Policy.
"Content" — any media, text, or information submitted or generated through Tagly.
"Monetization Program" — the rules and processes governing earning through Shares, detailed in the Terms of Monetization.
"Service" — the Tagly apps, websites, backend systems, and all related functionality.
"Platform Rules" — the guidelines, policies, limits, and eligibility rules published or enforced in the apps, which may change from time to time.
"Fraud" — any attempt to manipulate Shares, insights, rewards, funding, or platform integrity, including fake engagement, automation, misleading business representation, and circumvention of platform rules. Tagly may determine what constitutes Fraud at its reasonable discretion.

3. Use of the Service

By using the Service you agree to comply with these Terms, the Terms of Monetization, and the Platform Rules.

3.1 Account Registration

(a) Users and Advertisers register and sign in with an email address and a one-time code, or with Google or Apple sign-in. There are no passwords; your email account is the anchor of your Tagly account, and you are responsible for keeping it, your devices, and your one-time codes secure. Tagly is not responsible for unauthorized access resulting from your failure to do so.

(b) Users may hold an account without connecting Instagram, but monetization requires a connected Instagram account that meets Meta's requirements.

(c) Advertisers represent that they act for a business and are authorized to represent it (see also Section 16.8 for the EEA).

3.2 Instagram Access

Users are responsible for keeping their Instagram connection active. If Instagram permissions expire or are revoked, pending Shares cannot be rewarded, reserved Advertiser funds are released, and monetization is unavailable until access is restored. Tagly is not responsible for losses caused by expired tokens, revoked permissions, or Instagram outages.

3.3 Share Creation, Review, and Limits

Shares are created, reviewed, and rewarded as described in the Terms of Monetization. In summary: creation requires a live Story on your connected account that visibly references the selected business (verified by an automated check), and a participating business with available funding; every Share is reviewed by Tagly before it becomes visible to the Advertiser or can be paid; each piece of content can be monetized only once, ever; and posting frequency and content quality affect reward calculations. Tagly may apply frequency rules, account-level limits, and algorithmic adjustments, and may decline or remove any Share.

3.4 App Versions

We may require a minimum app version. Older versions may be blocked from the Service until updated; the app will direct you to the store when this happens.

3.5 User Responsibilities

Users must post authentic content they own, follow Instagram's rules, comply with these Terms and the Terms of Monetization, avoid automation and fake engagement, submit only content relevant to the selected business, and keep their sign-in email secure. Users are solely responsible for the content they submit.

3.6 Advertiser Responsibilities

Advertisers must keep their Business Page accurate, maintain funding for the promotion they receive, settle any negative balance (Section 6.3), comply with advertising and consumer-protection law, use aggregated insights only within Tagly, and never attempt to identify Users from anonymized data.

3.7 Platform Discretion

Tagly may modify, suspend, or remove algorithms, multipliers, fees, referral payouts, eligibility rules, funding requirements, and features, and may decline or remove any Share or suspend any account as provided in these Terms. Sections 14 and 16 govern how changes and account measures are communicated.

3.8 No Guarantee of Access

Tagly does not guarantee continuous access to Instagram APIs, availability of insights, uninterrupted service, or unchanged reward calculations. Failures of third-party services may affect monetization (Section 8).

4. Content Rights and License

4.1 Your Ownership

You retain full ownership of your content. Tagly claims no ownership of your media or intellectual property.

4.2 License You Grant

By submitting content for monetization, you grant Tagly a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to store and process your content (including keeping a copy of the media as posted), retrieve and store its metadata and insights from Instagram, display it in the apps in connection with your Shares (including to the promoted Advertiser as an anonymous Share), deliver it through our hosting and content-delivery infrastructure, use it for moderation, fraud prevention, and audit, and use it internally to improve algorithms and pricing. This license exists solely to operate Tagly and the Monetization Program. Tagly does not sell your content, does not license it to third parties beyond what operating the Service requires, and does not use it in its own public marketing without your explicit permission.

You may end this license at any time by deleting your account or using Instagram's data-deletion mechanism, after which stored content is deleted except where retention is required by law (see the Privacy Policy for exact deletion behavior).

4.3 What Advertisers See

Advertisers see approved Shares as anonymous items: the media, posting and monetization timestamps, prices, and a limited set of aggregate insight metrics. They never see your name, username, profile, or any identifying information, and they receive no rights to reuse your content outside Tagly.

4.4 Future Licensing Features

If Tagly ever introduces features letting Users license content to businesses for wider use, they will require your separate, explicit opt-in consent. Without it, Advertisers have no such rights.

4.5 Your Content Representations

You represent and warrant that you own or control the content you submit, that it does not infringe anyone's rights, that it complies with Instagram's rules and applicable law (including any required paid-promotion disclosures), that it genuinely represents the business you selected, and that it is authentic.

4.6 Copyright Complaints (DMCA)

We respond to valid copyright takedown notices sent to legal@taglyapp.com: affected content may be removed, related monetization suspended, the involved User notified, and metadata retained for audit. Repeat infringers' accounts may be terminated.

4.7 No Public Display

Tagly operates no public feed, gallery, or searchable archive of User content. Content is stored and delivered through third-party infrastructure (such as AWS and a CDN) solely to operate the Service and is not intentionally made publicly discoverable.

5. Prohibited Conduct

Violations of this Section may result in unrewarded Shares, released funds, account suspension or termination, and reporting to Instagram, Stripe, or authorities. Tagly determines violations at its reasonable discretion; Section 16 preserves EEA users' rights to reasons and review.

5.1 Manipulation

No artificial inflation of reach or engagement; no engagement pods, bots, purchased interactions, or automation; no repeated reposting to farm rewards; no attempts to bypass frequency rules or reverse-engineer reward algorithms.

5.2 Monetization Misuse

No monetizing content you did not lawfully post; no selecting businesses the content does not genuinely promote; no misleading or deceptive content about a business; no monetizing content that violates Instagram's rules; no technical workarounds of funding or eligibility checks.

5.3 Platform Integrity

No interference with Tagly's operation, systems, or security; no unauthorized access; no circumvention of rate limits; no modified or unauthorized clients; no scraping or automated data collection; no reverse engineering.

5.4 Content Misuse

Users may not upload or monetize content they lack rights to, copyrighted material without permission, or content impersonating others. Advertisers may not attempt to identify Users, scrape or extract content, or reuse User content absent an explicit licensing feature and consent.

5.5 Fraud and Illegal Activity

No deceptive business activity, fake documentation, creating multiple accounts to bypass limits, bans, eligibility rules, or referral and promotion rules, attempts to withdraw funds not legitimately earned, false KYC information, violation of Instagram's, Stripe's, or the app stores' terms in connection with Tagly, harassment, hate, illegal content, or unlawful conduct. Tagly may withhold funds, reverse rewards, and terminate accounts involved in Fraud.

5.6 Advertiser Misuse

No fake or misleading business listings; no misrepresentation of prices or services; no manipulation of insights; no chargebacks except where legally required (Section 7.5).

6. Payment and Billing

6.1 Credits

Advertisers fund promotion by purchasing Credits through Stripe or by linking a PAYG card. Credits:

do not expire,
are non-transferable between accounts, are not withdrawable, and have no cash value outside Tagly (Credits are not currency, deposits, or a stored-value instrument, and do not constitute a bank account),
are used to pay Final Prices and the Tagly Platform Fee,
may include promotional Credits granted by Tagly, which behave like purchased Credits.

6.2 Reserving Funds

When a Share is approved by our review, an amount based on the Estimated Price (currently a multiple of it) is reserved from the Advertiser's available Credits, capped at the available balance. The reservation is released when the Final Price is settled. PAYG Shares reserve nothing; the linked card is charged at settlement, with a small per-charge processing surcharge shown in the app. Tagly may adjust reservation ratios and funding requirements.

6.3 Settlement, Full Payment, and Negative Balances

Credits are consumed only when a Final Price is settled. The User is always paid their Final Reward in full. If the Final Price exceeds the reserved amount and the Advertiser's remaining available Credits, the Advertiser's balance goes negative for the difference. A negative balance is an amount the Advertiser owes Tagly: the Advertiser's Business Pages are hidden from Users until it is settled, the app provides a settle-balance payment for exactly the amount owed, and the debt is otherwise netted against the next top-up. If the Final Reward is lower than the estimate, the unused reservation is released; if it is zero, the entire reservation is released. Advertisers cannot prevent or dispute payouts that are valid under the Terms of Monetization.

6.4 Refunds

All purchases are final and Credits are non-refundable, except that Tagly may, at its sole discretion, refund unused Credits upon request (contact us in the app or at legal@taglyapp.com). Credits already consumed by settled Shares and PAYG charges are non-refundable. Nothing in this Section limits refund rights you have under applicable law.

6.5 Tagly Platform Fee

Tagly retains a percentage of each monetized Share. The fee structure, referral cuts, minimum and maximum pricing rules, and algorithmic pricing may change as provided in Sections 14 and 16.8.

6.6 Stripe

All purchases, charges, and payouts are processed by Stripe, and Stripe's terms apply. Stripe may require identity or business verification. Tagly never receives or stores card numbers, bank account numbers, or identity documents. Stripe failures, delays, or account restrictions are outside Tagly's control.

6.7 Billing Disputes and Chargebacks

Advertisers agree to resolve billing issues with Tagly first and not to initiate chargebacks except where legally justified. Chargebacks may lead to immediate suspension, frozen Credits during investigation, invalidation of subsequent Shares, recovery of amounts owed, and, for abusive chargebacks, permanent bans (Section 7.5).

6.8 User Payouts

Users are paid only from settled Final Rewards, through their own Stripe account, as described in the Terms of Monetization (including the minimum withdrawal amount shown there and in the app). Users must complete Stripe onboarding and any verification Stripe requires; failed verification blocks payouts until completed, the account may be restricted, and balances that permanently cannot be paid out due to failed verification may be forfeited where permitted by law.

6.9 Referral Program

Referral rewards, rates, boost periods, and payout logic are shown in the app and may be changed or discontinued. Referral payouts are funded out of Tagly's Platform Fee.

6.10 Taxes

Users and Advertisers are responsible for their own tax obligations. Tagly does not withhold taxes unless required by law.

7. Termination and Suspension

7.1 Deletion by You (Users)

You may delete your account at any time in the app. Before deletion, your remaining earned balance is paid out to your Stripe account; deletion is blocked while a withdrawal is in flight, and if you have a balance but no payout account you must withdraw first. On deletion, your Instagram data and stored media are removed as described in the Privacy Policy, and Shares that have not yet received a Final Reward are permanently forfeited. Deletion is irreversible.

7.2 Deletion by You (Advertisers)

Advertisers may delete their account when it does not owe money. On deletion, Business Pages are removed, pending Shares are cancelled without charge, and any remaining Credit balance is forfeited to Tagly. If you have unused Credits, request a discretionary refund (Section 6.4) before deleting your account.

7.3 Suspension or Termination by Tagly

Tagly may suspend, restrict, or terminate accounts for violations of these Terms or the Terms of Monetization, Fraud or manipulation, harmful or illegal behavior, invalid Instagram access, Stripe restrictions or failed verification, excessive disputes or chargebacks, legal or platform-policy requirements, risk to the platform, Users, or Advertisers, or where continuing the account is not commercially or legally viable. Subject to Section 16.9 for the EEA, such measures may be taken at any time, with or without notice. Section 16 provides EEA users and Advertisers with statements of reasons, notice periods, and review rights.

7.4 Effects of Termination

For Users: no further monetization; Shares without a Final Reward are forfeited; pending payouts may be withheld where required; ledger records are retained for compliance. Amounts already settled to your Stripe account remain yours. For Advertisers: Shares awaiting insights may still be processed; reserved funds may be released or applied; obligations already incurred (including negative balances, chargeback costs, and Stripe fees) survive.

7.5 Chargeback Consequences

A chargeback or payment reversal by an Advertiser may result in immediate suspension, frozen Credits, invalidation of Shares submitted after the chargeback, recovery of owed amounts through Stripe or legal action, and permanent bans for abuse.

7.6 Survival

Sections on content licenses (for audit and compliance), payment obligations, fraud rules, disclaimers, liability limits, indemnification, dispute resolution, governing law, definitions, and any provision intended by its nature to survive, survive termination. To the maximum extent permitted by law and subject to Section 16, Tagly is not liable for loss of access, rewards, Credits, or opportunities resulting from suspension or termination in accordance with these Terms.

8. Third-Party Services

Tagly depends on third-party services; their availability, decisions, and policy changes are outside our control, and Tagly is not liable for losses they cause. They include:

Instagram / Meta — authentication, media, and insights. API restrictions, missing insights, revoked permissions, or outages can make Shares unrewarded.
Stripe — purchases, charges, payouts, and verification. Stripe may delay, freeze, decline, or reverse payments and may require documentation.
Amazon Web Services — hosting, storage, content delivery, automated image checks, and address geocoding (primarily in the us-east-1 region).
Expo — push notification delivery and app updates.
Resend — email delivery.
PostHog — product analytics (as described in the Privacy Policy).
AppsFlyer — install attribution and referral links.
Google and Apple — sign-in, maps, push infrastructure, and the app stores.
Google Safe Browsing — screening of business-supplied links.
Frankfurter — currency-rate display.

Each provider has its own terms and privacy policy; none is a party to these Terms, and no third party (including, as between a User and an Advertiser, the other of them) may enforce them.

9. Platform Independence and Communications

9.1 Independence

Tagly is an independent platform, not endorsed by Meta, Stripe, Apple, or Google.

9.2 Location Features

The customer app may use your device's location to show nearby businesses, power the map, and personalize discovery. Tagly does not store your location and does not associate it with your identity. You may disable location permissions; some features then become unavailable.

9.3 Push Notifications

Tagly sends transactional push notifications about Shares, rewards, payouts, funding, and account or security matters. You can disable push notifications in your device settings (security- and compliance-related notices then still reach you in the app and by email); marketing pushes additionally require your marketing consent. Tagly does not serve third-party advertising and does not send third-party advertising notifications.

9.4 Advertiser Insights

Advertisers receive aggregated and anonymized performance data only, and may not use it to attempt to identify Users. Any future advertiser reporting features (such as emailed summaries) will be opt-in and will contain no personal data.

9.5 Marketing Communications

Marketing email and push are sent only with your explicit consent, given as a separate choice at registration or in settings, and withdrawable at any time (every marketing email contains an unsubscribe link). Transactional communications are unaffected.

10. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is," "as available," and "with all faults," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. Tagly does not warrant uninterrupted or error-free operation, the accuracy of estimates or insights, the availability of monetization, that any Share will receive a Final Reward, that any User will earn money, or the performance of third-party services. Estimated Rewards are informational only. Tagly does not warrant that Shares will promote a business effectively or that advertising outcomes will meet expectations; Advertisers are solely responsible for their business decisions. Tagly does not warrant that uploaded media will never be lost or corrupted or that unauthorized access will never occur. Participation in the Monetization Program creates no employment, contractor, partnership, or agency relationship. Nothing Tagly provides constitutes legal, business, financial, or tax advice. Section 16.5 preserves statutory rights of EEA consumers.

11. Limitation of Liability

To the maximum extent permitted by law, Flaer, Inc. and its officers, directors, employees, contractors, agents, and affiliates are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost expected rewards, lost business opportunities, loss of data or content, reward-calculation errors, missing insights, failed or delayed payouts, or third-party outages and decisions.

Total aggregate liability for all claims relating to the Service shall not exceed, for Users, the greater of USD 100 or the Final Rewards paid to you in the previous 12 months; and for Advertisers, the greater of USD 100 or the amounts you paid to Tagly in the previous 12 months. Tagly is further not liable for the acts, omissions, content, or information of Users or Advertisers (including content accuracy, business selections, deleted posts, revoked Instagram access, or failed verification); Users and Advertisers are solely responsible for their actions on the platform. No User or Advertiser is entitled to compensation for changes to algorithms, pricing, fees, features, or programs. These limits apply to all legal theories and even if Tagly was advised of the possibility of damages. Some jurisdictions do not allow certain limitations; they apply to the maximum extent permitted. They do not apply to EEA consumers (Section 16.5).

12. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Flaer, Inc. and its officers, directors, employees, and agents from third-party claims, damages, and reasonable costs (including attorneys' fees) arising out of your content, your violation of these Terms or applicable law, your infringement of third-party rights, or, for Advertisers, your business information and advertising practices. This Section does not apply to consumers in the EEA to the extent mandatory law provides otherwise.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Section 16.2 preserves mandatory local protections for EEA consumers. If you reside outside the United States and outside the EEA, Delaware law and this Section 13 apply to the maximum extent permitted by the mandatory law of your place of residence; where arbitration or the class-action waiver is unenforceable there, the remainder of these Terms remains in effect.

13.2 Informal Resolution First

Before formal proceedings, contact legal@taglyapp.com and attempt to resolve the dispute informally. If unresolved after 30 days, either party may proceed.

13.3 Binding Arbitration (United States)

For Users and Advertisers residing in the United States, or whose claims arise in the United States, all disputes relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association under its applicable rules, seated in Delaware unless agreed otherwise. There is no judge or jury, discovery is limited, and the decision is final and binding. Each party bears its own costs and attorneys' fees, except where applicable law or the arbitration rules provide otherwise.

13.4 Class-Action Waiver

To the fullest extent permitted by law, proceedings are individual only: no class actions, class arbitrations, representative actions, or consolidated proceedings. This waiver does not apply to EEA consumers (Section 16.3).

13.5 Exceptions

Qualifying small claims, and claims for injunctive relief concerning intellectual property, unauthorized access, or misuse of the Service, may be brought in the state or federal courts located in Delaware, whose jurisdiction you consent to for those purposes.

13.6 Time Limit

Claims must be filed within one year of arising or are permanently barred. This limit does not apply to EEA consumers (Section 16.5).

13.7 Survival

This Section 13 survives account termination and deletion.

14. Changes to These Terms

We may update these Terms and the Terms of Monetization. For material changes we provide notice in the apps and/or by email, and the apps may require you to review and accept the updated Terms before continuing. Changes are not retroactive, but changes to reward algorithms, pricing, fees, referral structures, and eligibility rules may apply to Shares and activity not yet finalized. Advertisers in the EEA receive at least 15 days' advance notice of changes to these Terms (Section 16.8). Changes become effective when posted unless stated otherwise, and continued use of the Service after the effective date constitutes acceptance; for material changes the apps may additionally require explicit acceptance before continued use. You are responsible for reviewing these Terms periodically. If you do not agree with updated Terms, stop using the Service and delete your account. In case of conflict between these Terms, the Terms of Monetization, in-app explanations, support articles, or marketing materials, these Terms and the Terms of Monetization prevail. These Terms are drafted in English; translations are provided for convenience only, and the English version prevails in case of any discrepancy.

15. Contact

Flaer, Inc. 251 Little Falls Drive, Wilmington, DE 19808, United States legal@taglyapp.com

For privacy requests and Instagram Data Deletion, follow the instructions in the Privacy Policy.

16. Additional Terms for the European Economic Area and the Czech Republic

Effective date of this Section: August 6, 2026

This Section applies to Users and Advertisers who reside or are established in the EEA, including the Czech Republic. It supplements these Terms and prevails over any conflicting provision above. To the extent stated below, the arbitration, class-action-waiver, governing-law, forum, limitation-period, warranty-disclaimer, liability-cap, and indemnification provisions above do not apply to EEA residents.

16.1 Definitions

Consumer — a natural person acting outside their trade, business, craft, or profession; Users of the customer app are generally Consumers. Trader / Business — a person acting within their trade or profession; Advertisers are Businesses (16.8).

16.2 Governing Law (Consumers)

Delaware law applies, but Consumers habitually resident in the Czech Republic retain the protection of the mandatory provisions of Czech law (Art. 6 Rome I Regulation), in particular Act No. 89/2012 Coll. (Civil Code) and Act No. 634/1992 Coll. (Consumer Protection Act).

16.3 Courts, Not Arbitration (Consumers)

For EEA Consumers the arbitration, AAA, class-action-waiver, and Delaware-forum provisions do not apply. Jurisdiction follows Articles 17–19 of the Brussels Ia Regulation (No. 1215/2012): you may sue us in the courts of your residence or our domicile, and may be sued only in the courts of your residence.

16.4 Out-of-Court Resolution (ADR)

The Czech Trade Inspection Authority (Česká obchodní inspekce, Štěpánská 567/15, 120 00 Praha 2, www.coi.cz, online at adr.coi.cz) is competent for out-of-court consumer disputes if we cannot resolve your complaint directly.

16.5 Statutory Guarantees and Liability (Consumers)

Nothing in these Terms excludes or limits our statutory liability to Consumers. We are liable for conformity of the digital service under Sections 2389a et seq. of Act No. 89/2012 Coll.; the "as is" disclaimer does not apply to Consumers. The liability caps, damage exclusions, indemnification obligations, and the one-year claim limit above do not apply to Consumers; we do not exclude liability for damage caused intentionally or by gross negligence, or for harm to health or natural rights (Sections 1814 and 2898 of Act No. 89/2012 Coll.). Statutory limitation periods apply.

16.6 Pre-Contractual Information (Consumers)

For Sections 1811 and 1820 of Act No. 89/2012 Coll.: the provider is Flaer, Inc., 251 Little Falls Drive, Wilmington, DE 19808, USA, legal@taglyapp.com. The service's main characteristics are described in these Terms and the Terms of Monetization; use of the customer app is free of charge; rewards are described in the Terms of Monetization; the contract is for an indefinite period and you may delete your account at any time; complaints go to legal@taglyapp.com; ADR is available per 16.4.

16.7 Illegal Content, Reasons, and Complaints (DSA)

You may report content you consider illegal to legal@taglyapp.com; we handle notices in a timely, diligent, non-arbitrary manner (Art. 16 of Regulation (EU) 2022/2065). Where we remove content, decline a reward, or restrict or suspend an account, we provide a statement of reasons and you may lodge a complaint with us for review (Arts. 17 and 20 DSA). Copyright notices continue through the process in Section 4.6. This does not affect courts or ADR.

16.8 Advertisers Are Businesses (P2B)

Tagly Partner is offered only to Businesses; by creating an Advertiser account you warrant that you act in the course of your trade or profession. The 14-day consumer withdrawal right therefore does not apply, and Credits are non-refundable as stated above (subject to Section 6.4). As a provider of online intermediation services under Regulation (EU) 2019/1150:

Ranking. The order in which businesses appear to Users in discovery is determined mainly by geographic distance and relevance of the business address, business category, and availability of the business's budget or funding.
Changes. We give Advertisers at least 15 days' notice of changes to these Terms (longer where required), during which you may terminate.
Suspension and termination. Before suspending or terminating an Advertiser account we provide a statement of reasons; for termination we give at least 30 days' notice, except where a shorter period is permitted (legal obligation, repeated infringements, or platform risk).
Complaints and mediation. Advertisers may complain via legal@taglyapp.com; we are willing to engage mediators for out-of-court settlement and will identify one on request.

16.9 Changes and Termination (Consumers)

We give Consumers reasonable prior notice of material changes by email or in-app, and you may terminate before they take effect. We do not suspend or terminate Consumer accounts without a valid reason; where practicable we provide reasons and, where curable, an opportunity to cure.

16.10 Content License (Moral Rights)

For Users in the EEA, the license in Section 4 is limited to what is necessary to operate the platform and the Monetization Program; your moral rights as an author under Act No. 121/2000 Coll. remain unaffected.