Terms of Service

These Terms of Service (“Terms”) govern your use of MomFluence (the “Service”) operated by Never Peak Inc. (“Never Peak,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Eligibility

You must be at least eighteen years old and able to enter into a legally binding contract to use the Service. By using the Service, you represent that you meet these requirements.

Account registration

You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for any activity that occurs under your account. Notify us immediately at hello@momfluence.app if you suspect unauthorized access.

Membership and billing

Membership in the Service costs $5 per month, billed automatically each month until cancelled. Payments are processed by Stripe. By providing payment information, you authorize us to charge the amount due to your selected payment method on each billing date.

Your subscription renews automatically each calendar month at the then-current price. If we change our pricing, we will notify you in advance of any change taking effect, and you may cancel before the change takes effect if you do not agree.

Cancellation and refunds

You may cancel your subscription at any time through your customer billing portal or by emailing hello@momfluence.app. Cancellation takes effect at the end of your current paid period; you will retain access to the Service through that date.

We do not pro-rate or refund partial months (industry standard). If you believe you were charged in error or experienced a billing issue, contact us and we will work with you in good faith to resolve it.

Member responsibilities

When using the Service, you agree to:

• Comply with all applicable laws, including the Federal Trade Commission's endorsement and disclosure rules. We provide disclosure templates to help you comply.
• Disclose your affiliate relationship clearly and conspicuously when posting tracked links, including in social media captions, blog posts, email newsletters, and any other channel where you share links.
• Not make false or misleading claims about products, brands, earnings, or the Service itself.
• Not engage in spam, link manipulation, click fraud, cookie stuffing, or other deceptive practices designed to generate fake conversions.
• Not scrape, copy, or redistribute MomFluence content without permission.
• When using AI-generated content (including text generated by ChatGPT or similar tools), comply with FTC disclosure rules and any platform-specific labeling requirements (Instagram, TikTok, etc.).

Earnings, attribution, and payouts

When you generate a tracked link and a customer makes a qualifying purchase through that link, the underlying affiliate network reports a conversion to us and credits MomFluence with a commission. We pass that commission through to you net of any fraud reversals or chargebacks reported by the network.

Conversions clear within thirty days under standard affiliate-network terms. Some networks have longer clearance windows, in which case payouts wait for clearance.

Our standard payout rules:

• Minimum withdrawal threshold: $50
• Maximum two withdrawal requests per calendar month
• Withdrawals processed within thirty days of approval
• Payouts via PayPal, Venmo, or bank transfer based on your preference

Each member is also entitled to one fast-track payout in their first ninety days. The fast-track payout has a $25 minimum threshold instead of the standard $50. To protect against chargeback exposure, the fast-track payout is capped at $25 if requested within the first thirty days from signup. The fast-track is a one-time perk per account; once used, the standard payout rules apply for all future withdrawals.

We pass through what affiliate networks pay us. If a network reverses a conversion (for fraud, customer return, chargeback, or other reasons) after we have already paid you, we may deduct the reversed amount from your future earnings. We will not seek repayment for amounts already disbursed in good faith.

Tax compliance

Once your cumulative earnings on the Service reach $600 in a calendar year, IRS rules require us to collect a completed Form W-9 before we can issue further payouts to you. You will receive an in-product prompt to complete the W-9 when you reach the threshold. We will issue you a Form 1099-NEC in January for any calendar year in which you crossed the threshold. You are responsible for reporting your earnings and paying any applicable taxes.

Suspension and termination

We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms, engaged in fraudulent activity, violated FTC or other applicable rules, or otherwise acted in a way that could expose us or other members to legal or financial risk.

On termination, your right to access the Service ends immediately. We will pay out any cleared, non-fraudulent earnings owed to you, subject to our standard payout rules and any verification we reasonably require.

Intellectual property

We retain all rights, title, and interest in the Service, including the MomFluence name, logo, and all content we provide. You retain ownership of any content you create using the Service, including your captions, posts, and promotional materials. You grant us a limited license to display your content within the Service to the extent necessary to operate it.

Disclaimers

The Service is provided on an “as is” and “as available” basis. We do not guarantee any specific level of earnings. Earnings depend on many factors outside our control, including your audience, the products you promote, market conditions, and affiliate-network performance.

To the fullest extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

To the fullest extent permitted by law, Never Peak's total liability for any claim arising out of or relating to the Service is limited to the amount you paid us in subscription fees during the twelve months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

Indemnification

You agree to defend, indemnify, and hold harmless Never Peak from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any law or third-party right (including FTC disclosure rules).

Dispute resolution

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS in California, in accordance with its rules then in effect. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and Never Peak each waive the right to a jury trial and to participate in any class action.

These Terms are governed by the laws of the State of California, excluding conflict-of-laws principles.

Changes to these Terms

We may revise these Terms from time to time. The most current version is always posted at this URL with the “Last updated” date. Material changes will be communicated by email or in-product notice. Continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

Contact

Questions about these Terms? Email hello@momfluence.app.

Never Peak Inc., El Segundo, California, United States.