Terms of Use

Last Modified: February 14, 2026

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Foxflyer by Flyertap LLC, a Nevada limited liability company ("foxflyer", "“Foxflyer,” “we,” “us,” or “our”). These Terms govern your access to and use of the Foxflyer website, applications, platform, technology, tools, and any related services, solutions, or offerings that Foxflyer makes available now or in the future (collectively, the “Foxflyer Platform” or the “Platform”), including the coordination, support, and management of marketing, distribution, delivery, and campaign management services (collectively, the “Services”).

By accessing, visiting, browsing, registering an account on, or otherwise using the Foxflyer Platform, and/or by purchasing, accepting, or performing Services facilitated through it, you affirm that you have read, understood, and agree to be bound by these Terms in full. If you do not agree to these Terms, or if you do not have authority to bind the entity on whose behalf you are acting, you must not access or use the Platform or any Services.

Foxflyer may enter into written agreements with certain Clients or partners (such as Statements of Work, service orders, proposals, or master services agreements). To the extent of any direct conflict between such a written agreement and these Terms, the written agreement will control for the specific subject matter addressed in that agreement, and these Terms will supplement and govern all remaining aspects of the relationship and Platform usage.

1. Definitions and Interpretation

For purposes of these Terms, the following definitions apply. “Users” include, without limitation, (a) any businesses, organizations, agencies, or individuals who request, purchase, or otherwise arrange for Services through Foxflyer (“Clients”); and (b) any individuals, teams, or entities who perform field, operational, or support work connected with those Services and whose work is coordinated or facilitated through the Platform (“Service Personnel”). The term “Service Personnel” is intended to be broad and includes, by way of example and not limitation, persons who perform flyer distribution, delivery or courier activities, in-person marketing or canvassing, posting of materials, on-site verification, or other field-based or support tasks. Service Personnel may operate independently, may be engaged through third-party entities, and are not employees of Foxflyer.

“Campaign Services” refers to any combination of distribution, posting, delivery, canvassing, placement, in-person marketing, on-site execution, or related services that are planned, coordinated, or administered through the Foxflyer Platform for the benefit of a Client. The term “Foxflyer Platform” refers to the entirety of Foxflyer’s digital ecosystem, including all websites, web applications, mobile applications, dashboards, APIs, integrations, software, databases, communication tools, and systems used to manage campaigns, orders, assignments, routing, reporting, verification, and other related functions.

“User Account” means a registered account (whether for a Client, Service Personnel, or other authorized user) that is created to access or interact with the Platform. “Materials” means any and all content, data, information, assets, artwork, creative files, flyers, logos, copy, instructions, photographs, reports, GPS logs, time logs, metrics, and other submissions, whether provided by Users or generated during use of the Platform.

Unless the context clearly requires otherwise, words in the singular include the plural and vice versa, and references to “including” or “include” will be deemed to mean “including, without limitation.” Headings and section titles are for convenience only and do not affect interpretation.

2. Arbitration Agreement and Waiver of Jury Trial

By agreeing to these Terms, you and Foxflyer expressly agree that any dispute, claim, or controversy arising out of or relating in any way to the Platform, the Services, or these Terms (collectively, “Disputes”) shall be resolved exclusively through binding arbitration, rather than in court, except as otherwise expressly permitted in this section. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its then-current Commercial Arbitration Rules. The arbitration shall take place in Clark County, Nevada, or such other location as the parties may mutually agree in writing.

You and Foxflyer understand and agree that by entering into these Terms, you and Foxflyer are each waiving the right to a jury trial and the right to participate in any class, collective, or representative action. All Disputes must be brought and resolved on an individual basis. The arbitrator shall have the exclusive authority to resolve all issues of arbitrability and all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms are void or voidable.

Nothing in this section prevents either party from: (a) bringing an individual claim in small claims court if it qualifies; or (b) seeking temporary or preliminary injunctive or other equitable relief from a court of competent jurisdiction to protect intellectual property rights, confidential information, or to prevent unauthorized access to or misuse of the Platform. Any such permitted court proceedings shall be brought exclusively in state or federal courts located in Clark County, Nevada, and each party irrevocably submits to the personal jurisdiction of such courts for those limited purposes.

3. Platform Purpose and Nature of Services

The Foxflyer Platform functions as a coordination, management, and technology infrastructure for offline marketing and distribution campaigns. Using the Platform, Clients may submit requests for Campaign Services, provide creative and campaign parameters, approve work plans, and review campaign performance and reports. Foxflyer may use the Platform to arrange, schedule, route, assign, and oversee work performed by Service Personnel, to capture verification data, and to generate reports, maps, or metrics relating to campaign activity.

Foxflyer itself does not directly provide on-the-ground labor or physical delivery; such activities are performed by Service Personnel who operate independently of Foxflyer. Foxflyer’s role includes, without limitation, campaign planning, coordination, communication, routing, field instructions, quality control processes, verification procedures, dispute resolution, and client reporting.

All Users acknowledge and agree that: (a) Foxflyer is not an employer of Service Personnel; (b) actual field conditions may vary from those anticipated at the time of campaign planning; and (c) the performance of certain aspects of any campaign may depend upon the acts or omissions of third parties, property owners, regulatory bodies, and other persons over whom Foxflyer has no control.

4. User Accounts, Eligibility, and Security

To access certain features of the Platform, Users may be required to register a User Account and provide certain information. By creating an account, you represent and warrant that all information you provide is true, accurate, current, and complete, and that you will promptly update such information as needed to keep it true, accurate, current, and complete.

Users must be at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater. You are solely responsible for maintaining the confidentiality of any login credentials associated with your User Account and for restricting access to your account. You accept full responsibility for all activities that occur under your User Account, whether or not authorized by you.

Foxflyer reserves the right, in its sole discretion, to suspend, restrict, or terminate any User Account or access to the Platform at any time, with or without notice, for any reason, including but not limited to: suspected fraud; misuse; violation of these Terms; non-payment; or behavior that may harm Foxflyer, other Users, or third parties.

5. Service Personnel Relationship and Independence

Service Personnel who receive assignments through the Foxflyer Platform are not employees or agents of Foxflyer. They operate as independent parties responsible for their own schedules, work practices, business decisions, and compliance with applicable laws. Foxflyer does not control the exact manner, method, or route by which Service Personnel carry out assignments, except to the limited extent necessary to ensure that campaign requirements are met (for example, geographic zones, distribution windows, or proof of performance).

Service Personnel are solely responsible for furnishing and maintaining any tools, vehicles, equipment, devices, protective gear, communication methods, or other resources needed to perform assignments. Service Personnel are also responsible for any and all insurance coverage required by law or appropriate for their activities, including general liability insurance, vehicle insurance, and health or accident coverage, as applicable.

Foxflyer shall not be liable for wages, benefits, tax withholdings, workers’ compensation, unemployment insurance, or any other obligations typically associated with an employment relationship. Users agree that Foxflyer shall not be liable for any act or omission of Service Personnel, including any property damage, personal injury, or other harm allegedly arising from or connected to the services they perform.

6. Payments, Fees, Invoicing, and Refunds

Clients agree to pay all fees, charges, and costs associated with Services ordered or accepted through the Foxflyer Platform. Unless otherwise agreed in a separate written agreement, Clients must pay in advance via invoices processed through Stripe or any other payment processor approved by Foxflyer. Fees may include base service fees, distribution costs, travel or logistics fees, taxes, payment processing fees, or other charges disclosed at or before the time of contracting.

Once payment is processed and Services have commenced, all fees are non-refundable, except where Foxflyer determines, in its sole discretion, that a partial or full credit is appropriate due to administrative error, failure to initiate any work, or an inability to perform Services arising from conditions beyond Foxflyer’s reasonable control. Any refund or credit granted will typically be issued in the form of a service credit for future campaigns rather than a cash refund, unless otherwise agreed in writing. Processing fees are never refundable.

Service Personnel are compensated for assignments on a per-campaign, per-gig, or per-task basis as calculated by Foxflyer. Foxflyer will generally remit payments after confirmation that the relevant portion of the campaign has been completed and verified through accepted proof-of-performance methods. Service Personnel are solely responsible for any transaction fees charged by their chosen payment platform (such as Zelle, PayPal, CashApp, or other services).

Foxflyer reserves the right to suspend or cancel Services, withhold reporting, or restrict access to the Platform in the event of non-payment or chargebacks by a Client.

7. Campaign Services, Performance, and Quality Assurance

Campaign Services will be performed in a manner consistent with the scope agreed upon between Foxflyer and the Client, whether set out in a written proposal, statement of work, invoice notes, email confirmation, or other documented communication. The specific details of a campaign may include distribution quantities, target areas, time windows, minimum or maximum density, placement method, and proof-of-performance requirements.

To support verification and quality assurance, Foxflyer may require or utilize various forms of data collection, including but not limited to GPS tracking, device location data, timestamps, route logs, photographs or videos of distributed materials, and field notes. By using the Platform and Services, Users authorize Foxflyer to collect, store, analyze, and use such data for purposes including service verification, reporting, internal analytics, dispute resolution, and service improvement.

Foxflyer may adjust or modify campaign execution in response to real-world conditions, including weather, access restrictions, safety concerns, changes in local regulations, or requests by property owners or authorities. Foxflyer may relocate distribution areas, change routing, pause, or terminate field activities when reasonably necessary in its judgment.

No campaign can guarantee particular sales, signups, revenue levels, or other specific business outcomes. All campaign performance metrics and reports are inherently estimates based on practical field conditions, human behavior, and external factors.

8. Intellectual Property and Use of Materials

Foxflyer retains all right, title, and interest in and to the Foxflyer Platform, including all software, source code, algorithms, processes, database structures, user interfaces, design elements, documentation, analytic tools, and any improvements, enhancements, or derivative works thereof. Nothing in these Terms transfers ownership of the Platform or any Foxflyer intellectual property to any User.

Clients retain ownership of creative assets, logos, brand elements, and other materials they provide to Foxflyer for campaign use, subject to a limited license granted to Foxflyer to use such materials solely for the purpose of planning, executing, and reporting on campaigns. Clients represent and warrant that they have the necessary rights, licenses, and permissions to provide such materials, and that such materials do not infringe or violate any third-party rights.

Service Personnel acknowledge and agree that any photos, GPS logs, time logs, or other performance data they generate in connection with assignments (“Performance Data”) may be collected, stored, and used by Foxflyer. Foxflyer may use Performance Data to verify completion of work, to analyze campaign performance, to improve operational processes, and to create anonymized or aggregated analytics. Foxflyer will not sell personally identifiable Performance Data to third parties for unrelated purposes without consent, except as required by law.

9. Third-Party Services and Integrations

The Foxflyer Platform may rely upon or integrate with independent third-party services, including but not limited to payment processors (such as Stripe), mapping and geolocation services, web hosting providers, analytics platforms, communication tools, mobile operating systems, and other service providers. Foxflyer does not operate or control such third-party services and is not responsible for their performance, security, or availability.

Your use of any third-party service is governed by that provider’s own terms of use and privacy policy, and you are responsible for reviewing and complying with those terms. Foxflyer shall not be liable for any interruptions, suspensions, data loss, or errors caused by third-party services, nor for acts or omissions of such third parties.

10. Confidentiality

In the course of using the Platform or working with Foxflyer, Users may receive or have access to information that is not generally known to the public and that is designated or reasonably understood to be confidential or proprietary (“Confidential Information”). Confidential Information may include, without limitation, business plans, pricing, client lists, internal processes, methodologies, campaign strategies, technical information, and non-public data.

Each receiving party agrees to protect the disclosing party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, and in no event less than reasonable care. Confidential Information may be used solely for purposes of performing or receiving Services or using the Platform as permitted under these Terms. Confidential Information may be shared only with those employees, contractors, or advisors who have a need to know and who are bound by confidentiality obligations consistent with these Terms.

The obligations of confidentiality do not apply to information that is or becomes publicly known through no breach of these Terms; that is already known to the receiving party without restriction; that is received from a third party without restriction; or that is independently developed without reference to the Confidential Information. Confidentiality obligations survive termination of the relationship for a period of five (5) years, or longer if required by applicable law.

11. No Guarantees; Service Conditions

Users acknowledge and agree that marketing, distribution, and delivery campaigns are subject to numerous variables outside Foxflyer’s control, including consumer behavior, local ordinances, property access rules, traffic patterns, weather conditions, and actions of third parties. Foxflyer does not guarantee that any campaign, impression, or distribution will result in specific business outcomes, conversions, or revenue.

Foxflyer does not warrant that the Platform will be error-free or uninterrupted, nor that all distributions will take place precisely as initially planned or indicated on maps or reports. Minor deviations, reasonable adjustments, and operational judgment calls made in good faith will not constitute a breach of these Terms.

12. Limitation of Liability

To the fullest extent permitted by law, the Foxflyer Platform and all Services are provided “as is” and “as available,” and Foxflyer disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Foxflyer shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including any loss of profits, loss of revenue, loss of goodwill, or loss of business opportunities, even if Foxflyer has been advised of the possibility of such damages. Foxflyer is not liable for any damages arising out of or related to acts or omissions of Service Personnel, third-party providers, Clients, or other Users.

In all cases and under all legal theories, Foxflyer’s total aggregate liability for any claim or series of related claims arising from or relating to the Platform, the Services, or these Terms shall not exceed the total amount paid by the Client to Foxflyer for the specific campaign or Service giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

13. Indemnification

You agree to defend, indemnify, and hold harmless Foxflyer, its officers, directors, employees, affiliates, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Platform or Services; (b) your breach of these Terms; (c) any content, materials, or instructions you provide; (d) your acts or omissions in connection with a campaign; or (e) any disputes between you and another User, including between Clients and Service Personnel.

Foxflyer agrees to indemnify and hold Users harmless, to the limited extent required by applicable law, for third-party claims alleging that Foxflyer’s proprietary software, as provided to Users, directly infringes a U.S. patent, copyright, or registered trademark. Foxflyer’s indemnity obligations in such cases are conditioned on the User promptly notifying Foxflyer of the claim, allowing Foxflyer sole control of the defense and settlement (provided any settlement fully releases the User), and reasonably cooperating at Foxflyer’s expense. Foxflyer may, at its discretion, modify the software to be non-infringing, replace it, or discontinue its use with a refund of unused prepaid fees as the User’s sole remedy.

14. Termination and Suspension

Users may request to close or terminate their User Account by contacting Foxflyer in writing. Foxflyer may, at any time and in its sole discretion, suspend, restrict, or terminate any User’s access to the Platform or Services, with or without notice, for reasons including but not limited to non-payment, suspected fraud, misuse, violation of these Terms, or behavior that may harm Foxflyer or other Users.

Upon termination of an account, Foxflyer may retain campaign data, logs, and records for a reasonable period for business, legal, and audit purposes. Foxflyer may permanently delete such data after at least thirty (30) days from termination, unless longer retention is required by law. Termination does not relieve a User of any payment obligations incurred prior to the effective date of termination, nor does it affect any rights or obligations that, by their nature, are intended to survive termination.

15. Non-Solicitation and Placement Fee

Users agree that, for a period of twelve (12) months following their last use of the Platform or Services, they will not, directly or indirectly, solicit, recruit, hire, or contract with any Service Personnel or Foxflyer employee with whom they became acquainted through the Platform or through Foxflyer, without Foxflyer’s prior written consent.

If a Client or its affiliate hires, engages, or otherwise retains any Service Personnel or person introduced through Foxflyer within three hundred sixty-five (365) days of the person’s introduction or referral by Foxflyer, the Client must notify Foxflyer in writing within three (3) business days of the individual’s start date. Failure to provide such notice will result in an immediate obligation to pay Foxflyer a placement fee equal to thirty percent (30%) of the individual’s annualized compensation (including base pay and any guaranteed bonuses or stipends), due within fourteen (14) business days.

If placement fees or related charges are disputed and not resolved within thirty (30) calendar days, Foxflyer may assess a one-time late fee of ten percent (10%) of the outstanding balance and may charge interest at the rate of two percent (2%) per month, or the maximum rate permitted by law, whichever is lower, accruing from the original due date until paid. For purposes of this section, “affiliate” means any entity controlling, controlled by, or under common control with the Client.

16. Non-Disparagement

Users agree that they will not publish, post, or communicate to any person or entity any statement or content that is false, misleading, or reasonably could be viewed as disparaging, defamatory, or damaging to the reputation, goodwill, or business interests of Foxflyer, its officers, employees, Service Personnel, or affiliates. This includes, without limitation, statements made on social media, review sites, forums, or other public platforms.

Nothing in this section prohibits a User from making truthful statements as required by law, regulation, subpoena, or court order, or from giving honest testimony in a legal or regulatory proceeding.

17. Client Responsibility for Information and Inputs

Clients are solely responsible for ensuring the accuracy, completeness, and timeliness of all information, materials, artwork, copy, specifications, targeting instructions, deadlines, and other inputs they provide to Foxflyer. Foxflyer will rely on such client-provided information when planning and executing campaigns and shall not be liable for any delays, errors, misplacements, misdeliveries, or additional costs arising from inaccurate, incomplete, or late information.

If Foxflyer incurs extra costs, time, or expenses directly resulting from inaccuracies or omissions in client-provided inputs, Foxflyer may invoice the Client for such additional amounts at its then-standard rates. The Client agrees to pay such additional costs in accordance with the payment terms applicable to its account.

18. Force Majeure

Foxflyer shall not be considered in breach of these Terms, nor liable for any delay or failure in performance, to the extent such delay or failure is caused by events or circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, extreme weather, labor disputes, acts of government or regulatory authorities, pandemics, epidemics, public health emergencies, power outages, interruptions of transportation or communications, or other similar events (“Force Majeure Events”).

In the event of a Force Majeure Event affecting a campaign, Foxflyer may suspend, delay, or modify Services as reasonably necessary and may, at its discretion, apply prepaid funds as a credit toward future campaigns rather than issuing refunds.

19. Assignment

Foxflyer may assign, transfer, or delegate these Terms, in whole or in part, to any affiliate, successor entity, purchaser of assets, or party to a merger, reorganization, or similar transaction, without prior notice to Users. Users may not assign, transfer, or delegate their rights or obligations under these Terms without Foxflyer’s prior written consent, and any attempted assignment in violation of this section is null and void.

20. Governing Law and Venue

These Terms, and any Dispute relating to or arising out of them, shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any conflict-of-law principles that would result in the application of the laws of another jurisdiction. Subject to the arbitration provisions in Section 2, any permitted legal action or proceeding shall be brought exclusively in state or federal courts located in Clark County, Nevada, and each party irrevocably consents to the jurisdiction and venue of such courts for those purposes.

21. Changes to Terms

Foxflyer reserves the right, in its sole discretion, to update, modify, or replace these Terms at any time. Changes will be effective upon posting the updated Terms on the Foxflyer website or Platform, or as otherwise communicated to Users. The “Last Modified” date at the top of these Terms will reflect the date of the most recent changes.

Your continued access to or use of the Platform or Services after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Platform and Services.

22. Severability and Entire Agreement

If any provision of these Terms is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

These Terms, together with any additional agreements or documents expressly incorporated by reference, constitute the entire agreement between you and Foxflyer regarding your use of the Platform and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.