The agreement between you and TurboHost LLC — the company behind Flaire Digital — when you use our sites, client portal, and services.
Last updated: June 6, 2026
These Terms of Use (“Terms”) are a binding agreement between you (“you”, “Client”) and the Flaire Digital contracting entity applicable to your engagement (defined in “Contracting entity” below) (“Flaire”, “we”, “us”, “our”), in connection with the Flaire Digital brand, websites, and client portal (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services. If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity, and “you” refers to that entity.
Flaire Digital is a trading brand and is not itself a separate legal entity. The entity that provides the Services and contracts with you (the “Contracting Entity”) depends on your location and is identified in the signed agreement, proposal, service order, or invoice for your engagement. Where these Terms say “Flaire”, “we”, “us”, or “our”, they mean your Contracting Entity. Each Contracting Entity is responsible solely for its own engagements, and the entities are legally separate and do not assume one another’s obligations. Your Contracting Entity is one of the following:
You must be at least 18 years old and able to form a binding contract to use the Services. You may not use the Services if you are barred under applicable law or are located in a country, or on a list, subject to U.S. or other applicable sanctions or export restrictions.
TurboHost, through Flaire Digital, provides custom software design and development — including websites, web applications, mobile applications, and backend and Python-based systems and automations — together with a client portal for requesting and managing projects, exchanging messages and files, viewing invoices, and managing your account.
The specific scope, deliverables, fees, and timeline of any engagement are defined in a separate proposal, statement of work, or order (“SOW”) agreed between you and us. These Terms govern your general use of the Services and apply together with each SOW.
To access certain features you must create an account and provide accurate, current, and complete information. You are responsible for safeguarding your credentials and for all activity under your account, and you must notify us promptly at hello@flaire.digital of any unauthorized use.
You are solely responsible for any encryption passphrase you set; because of our zero-knowledge design, we cannot recover it, and losing it may result in permanent loss of access to encrypted content.
You agree to provide, in a timely manner, the materials, information, access, approvals, and cooperation we reasonably need to perform an engagement. You represent that you own or have the necessary rights to all materials you provide and that our use of them as contemplated will not infringe any third-party right or violate any law. Delays or inaccuracies in your inputs may affect timelines and fees.
When using the Services, you agree not to:
Each engagement begins when you accept a proposal or SOW or instruct us to begin work. If there is a conflict between a signed SOW and these Terms, the SOW controls for that engagement. Changes to scope must be agreed in writing and may adjust fees and timelines. Estimates are not guarantees unless expressly stated as fixed.
Fees, milestones, deposits, and payment schedules are set out in your SOW or invoice. Unless stated otherwise, invoices are due on receipt, amounts are in U.S. dollars and exclusive of taxes, and you are responsible for all applicable taxes other than taxes on our net income. Payments are processed by our third-party payment processor, and by paying you also agree to its terms.
Except as required by law or expressly stated in your SOW, payments and deposits for work performed are non-refundable. Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend work or access until amounts are paid. You agree not to initiate improper chargebacks; disputed charges should first be raised with us.
Payments are made to, and processed by, the Contracting Entity applicable to your engagement — Red & White Otomotiv Ticaret A.Ş. for clients in Türkiye, or TurboHost LLC for international clients — as indicated on the applicable invoice or agreement. Accepted payment methods, billing currency, and any applicable taxes are determined by that entity and by your location.
You retain all ownership of the materials, data, and content you provide to us or upload to the Services (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, display, and use Your Content as necessary to provide the Services and perform the engagement, and as needed for backup, security, and legal compliance. You are responsible for Your Content and for maintaining your own copies.
Subject to full payment of all fees due for an engagement, we assign to you ownership of the final, custom deliverables created specifically for you under the applicable SOW, excluding Background IP.
“Background IP” means tools, libraries, frameworks, code, know-how, and other materials we own or license that pre-exist or are developed outside the engagement; we retain all rights in Background IP and grant you a perpetual, non-exclusive, worldwide license to use it solely as incorporated in the deliverables. Deliverables may include third-party or open-source components licensed under their own terms, which you agree to comply with. Until full payment is received, all deliverables and rights remain ours.
The Flaire Digital and TurboHost names, logos, the websites, the portal software, and all underlying technology, designs, and content are owned by us or our licensors and protected by intellectual-property laws. Except for the limited right to use the Services as permitted by these Terms and the license to deliverables in Section 11, these Terms grant you no right, title, or interest in our intellectual property.
If you send us suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose, without obligation or compensation to you.
The Services integrate third-party providers, such as Google Firebase / Google Cloud, Stripe, Resend, and OpenAI. Your use of features that rely on those providers may be subject to their terms, and we are not responsible for third-party services we do not control. We may change our providers at any time.
Each party may receive non-public information of the other that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use Confidential Information only to perform under these Terms and any SOW, protect it with reasonable care, and not disclose it except to personnel and contractors who need it and are bound by confidentiality.
These obligations do not apply to information that is public through no fault of the receiving party, independently developed, or rightfully obtained from a third party, or where disclosure is legally required. Where end-to-end encryption is enabled, sensitive content is readable only by you and those you share it with — not by us.
We will perform professional services in a workmanlike manner consistent with industry standards.
EXCEPT AS EXPRESSLY STATED IN A SIGNED SOW, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT OR DATA WILL NOT BE LOST.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS, A PARTY’S INDEMNIFICATION OBLIGATIONS, AND BREACHES OF CONFIDENTIALITY, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
You will defend, indemnify, and hold harmless TurboHost and its officers, members, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to Your Content, your use of the Services, your violation of these Terms or applicable law, or your infringement of any third-party right. We will give you reasonable notice of any such claim and may participate in the defense with our own counsel.
These Terms apply while you use the Services. Either party may terminate an engagement as set out in the applicable SOW, and you may stop using the Services at any time. We may suspend or terminate your access immediately if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or where needed to protect the Services.
On termination, your right to use the Services ends; fees accrued before termination remain payable; and provisions that by their nature should survive — including payment, ownership and IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution — will continue to apply.
We are an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties, and neither party may bind the other.
Unless your SOW states otherwise, we may identify you as a client and display non-confidential deliverables, screenshots, and a general description of the work in our portfolio and marketing, and you grant us a license to use your name and logo for that limited purpose. We will honor reasonable written requests to omit specific confidential details.
Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or utility failures, governmental actions, or third-party service outages.
These Terms are governed by the laws of the State of Delaware, United States, and applicable U.S. federal law, without regard to conflict-of-law principles. Subject to the arbitration provision below, the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Please read this section carefully; it affects how disputes are resolved. First, the parties will try to resolve any dispute informally by contacting each other; if it is not resolved within 30 days, the dispute will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Delaware and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE EXTENT PERMITTED BY LAW, DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual-property or confidentiality matters in court. You may opt out of this arbitration agreement by emailing hello@flaire.digital within 30 days of first accepting these Terms.
We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, provide notice through the Services. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms; if you do not agree, stop using the Services.
These Terms, together with any applicable SOW and our Privacy Policy, are the entire agreement between you and us regarding the Services and supersede prior agreements on that subject. If any provision is held unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be enforced to the maximum extent permissible. Our failure to enforce a provision is not a waiver.
You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be given through the Services or to your account email; notices to us must be sent to hello@flaire.digital. The Services are controlled from the United States, and you are responsible for compliance with export-control and sanctions laws. The English-language version of these Terms controls over any translation.
Questions about these Terms? Email us at hello@flaire.digital.
Questions about this document? Contact TurboHost LLC, the company behind Flaire Digital, at hello@flaire.digital