Terms & Conditions

Welcome to Influur. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). These Services are offered by Influur, Corporation.

Our mission is to connect our community of Influencers to help them be more productive and successful. Our services are designed to create economic opportunities for our members by enabling you and millions of other Influencers to meet, exchange ideas, learn, and discover opportunities with Brands from around the world.

If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: support@influur.com

Address: Influur Corporation, 111 Brickell Ave., 10th Floor, Miami, FL 33131

These Terms of Use (the “Terms”) are a binding contract between you and INFLUUR CORPORATION (“Influur,” “we” and “us”). These Terms govern your use of the Services, except where explicitly mentioned different or separate terms apply. When you downloaded the Service and created your account, you expressly consented to these Terms, and thus, our use of the Services in any way means that you agree to all these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other legal agreement referred to herein. Your use of or participation in certain Services may also be subject to additional policies, rules, and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.

Our Services are between us and You as a business and thus constitute a commercial relationship.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF DESPITE HAVING EXPRESSLY ACCEPTED OUR TERMS, YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

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Arbitration notice and class action waiver

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

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‍Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at influur.com, send you an email, and/or notify you by some other means.

If you don’t agree to the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all the changes. Please send us an email to the email address mentioned above with your rejection, and we will proceed with your offboarding. If that is the case, we will discuss with you any pending balances and items as provided in these Terms.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless explicitly agreed by both you and us in a separate agreement.

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‍What about my privacy?

‍Influur takes the privacy of its users very seriously. For the current Influur Privacy Policy, please click here.

Our Privacy Policy explains how we collect, use, and share your personal data.

Specific Terms for Minors

Users under the age of 16 are not permitted to use Influur.

If you are a minor in your place of residence, you may not be allowed to use the Services unless a parent or guardian provides express consent on your behalf. During the entire use of the Services, including your connection and work with other users (including Brands, as defined below), your parent or guardian consent will be required on the form and applicable under local law. If local law has any limitations, requirements or

‍Children’s Online Privacy Protection Act‍

‍The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13).

Cybersecurity

Security of your personal and other data, as well as our assets, is of utmost importance. Thus, Influur has taken measures to protect its Service’s systems and information and tries its best to comply with all applicable laws, rules, and international standards for information security, particularly for user data and financial information, making all reasonable efforts to prevent any data incident. However, Influur requires you to protect your own information, using all available resources and tools, including secure passwords, among others. Influur is not liable for any incident derived from any misuse, lack of care, negligence or any similar action related to any user, including you, or any other unrelated third-party.

You will not share your Influur User ID, account, or password with anyone, and you must protect the security of your Influur User ID, account, password and any other access tools or credentials. You cannot give access to your Influur account to others or transfer your account to anyone else (without our permission). You’re responsible for any activity associated with your Influur User ID and account.

Influur declares that it is not responsible for leaks and/or security alterations on its platform unless such leaks are due to its own responsibility. Therefore, in cases of theft, fraud, account hacking, and other security breaches that cannot be attributed to Influur and its security standards, they will not be held responsible. Finally, Influur is not liable for information leaks resulting from the negligence and/or incompetence of the user (Influencer or brand).

Similarly, our company extracts publicly available data and generates reports based on the information deposited by each user on the social media platforms linked with the Influur App. To do so, each Influur user willingly links his Influur account with his other social media account and allows and enables Influur to link and collect such data.

The user freely acknowledges that all publicly accessible information and information from their social media accounts, as well as information voluntarily provided to our platform, may remain for processing, and use in accordance with our privacy policy, even after the account has been deleted by the user. To request the deletion, correction, or editing of their information, the user must submit a request to Influur in accordance with the platform's privacy policy.

Consequently, the user acknowledges and accepts the terms and conditions, privacy policy, and policies of the following social media platforms, which are understood to be part of these terms and conditions:

Youtube: https://www.youtube.com/t/terms (API Clients uses YouTube API services)
‍Google: http://www.google.com/policies/privacyTiktok: https://www.tiktok.com/legal/page/row/privacy-policy/en
‍Instagram: https://privacycenter.instagram.com/policy‍

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What are the basics of using Influur?

‍ In order to use the Services, you are required to sign up for an account, select a password and username (“Influur User ID”), and provide us with certain minimal information or data, such as your contact information, social media name, followers, among other information. You warrant to provide us with accurate, truthful, complete, and updated registration information about yourself. In case you are using the Services as an Influencer (as defined below) you may not select as your Influur User ID a name that you do not have the right to use (including any pseudonym, artistic name, title, social name or copyrighted name), or another person’s or corporation’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. In case you represent a corporation (a Brand, as defined below), you can only use the publicly known commercial name or brand, which should ideally be registered under a trademark in your corporation’s name, and you should be able to provide any required documentation, in case Influur solicits such. Legal corporate names are not recommended, as they are not publicly known or socially related to your brand.

If you are an Influencer, you represent and warrant that you are an individual of legal age in your place of residence to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf), and that you are not a convicted sex offender. Likewise, you represent you have not previously had your account disabled by Influur due to violations of these Terms. If such is the case, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion and does not mean or imply that the disciplinary action was wrong or without cause. You cannot use our Services, in case you are prohibited from receiving our products, services, or software under applicable laws. You also agree that you cannot have more than one simultaneous account, even if one is under your legal name and another under your artistic name. Any account that infringes anything of the above, including false or misrepresenting profiles, will be disabled, and removed.

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organizations or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Influencers (as defined below) may only use the Services for your own personal use, and not on behalf of or for the benefit of any third party, including managers and agents. In case you grant access or share your password or control of your account to your manager, agent or any third party, without Influur’s authorization, you are to be held solely liable for any misconduct, action or omission done in, from or through your Profile by any person in control of such account, with or without your knowledge or consent.

Brands (as defined below) users represent and warrant that they are authorized to post jobs for and contract on behalf of the Brand they create accounts for. You will comply with all laws that apply to you (including those laws on advertising, privacy, copyright, and consumer protection, among others, depending on your kind of business), your use of the Services, and your actions and omissions that relate to the Services (for example, you must make sure that Influencers working for you must comply with all laws that relate to the Influencer Services (as defined below). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your use of the Services in a way that breaks the law.

We understand that being a Brand user may require a team in your corporation to handle the Influur account. However, our Services do not currently allow for more than one person to control a single Brand account. Thus, you should be the only person accessing and using your account. If you grant access or share your password or control of your account with any person, including your team, without Influur’s authorization, you are to be held solely liable for any misconduct, action, or omission done in, from, or through your Profile by any person in control of such account, with or without your knowledge or consent.

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Connecting Influencers and Brands‍

Influur connects those providing influencer services (“Influencers”) and those looking to connect with Influencers for fulfillment of certain marketing and branding services (“Brands”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is an Influencer or Brand, while if we use one of those specific terms, it only applies to that category of user.

Influur uses reasonable efforts to review each potential Influencer’s identity, before allowing a certain Influencer to interact with the Brands. This review, however, cannot be understood as a certification or an endorsement by Influur, and Influur in no case is to be taken liable for the accuracy, truthfulness, or veracity of such information. However, before receiving services from any Influencer (“Influencer Services”), Brands are responsible for making their own determinations that the recommended Influencer is suitable. This is particularly important in the case of specialist influencers, such as doctors and physicians, lawyers, and psychologists, among others, depending on the laws applicable in each jurisdiction. Influur is only responsible for connecting Influencers and Brands and can’t and won’t be responsible for making sure that Influencer Services are actually provided or are up to a certain standard of quality or compliant with any local law. Influur similarly can’t and won’t be responsible for ensuring that information (including credentials) a Brand or Influencer provides about himself or herself is accurate or up to date. We don’t control the actions of any Brand or Influencer, and Influencers aren’t our employees.

Influencers are independent contractors of Brands and not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of Influur. Influur does not offer the Influencer Services and does not employ individuals to perform the Influencer Services, other than the intermediation Services Influur provides by simply creating and maintaining the passive infrastructure where Brands and Influencers meet and engage. You hereby acknowledge that Influur does not supervise, direct, control or monitor the Influencer Services and expressly disclaims any responsibility and liability for the Influencer Services, including but not limited to, any warranty or condition of good and workmanlike services, delivery on time, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

Brands and Influencers must not enter into separate agreements outside of Influur relating to Influencer Services (“Outside Agreements”). If you do enter into any Outside Agreement, where Influur is not a party or without Influur's explicit written consent, we may terminate your Influur account, and you acknowledge that Influur is not a party to and isn’t responsible for enforcing any Outside Agreement.

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How Influur helps you to find Brands and Influencers

The purpose of Influur is to help you find a Brand with whom to offer your content creation services, or, if you are a Brand, to find the right Influencer for your content campaign. We try to do so in a safe and respectful environment, where you can find the information, you need and do business in a seamless and easy way.

Influur business model is precisely such: we connect Brands and Influencers together, so they can tell their stories, communicate, share, and add value in a positive and constructive way. Influur will retain a small fraction of all transactions. This is done so we can continue offering you these added value connections, develop technology and Services to continuously improve them, grant access to our Services, and offer uniform and uninterrupted Services. We may also get additional funding from other operations, such as by displaying ads in our Services, offering you premium services, as well as other additional services, from time to time.

As a Brand, after creating a profile, you can post work offers, where you must clarify the kind of influencer, description and requirements to be met (including if it is a specialized Influencer, such as doctors, lawyers, psychologists, etc.), the country(ies) or cities where the service is required, the relevant dates for submission and publication, the number of deliverables and on what platform, if it relates to a free-script or an already created script (including if any owned or licensed content is to be provided by the Brand, such as the music), language, if it requires any product, visit to premises or attendance to an event, and the specifications of the payment. Please note that non-monetary payments, such as payments with product, samples, or services, are outside of what can be described in the offer. You must include any and all relevant information for Influencers to review your offer, and in case it matches their interests, apply for it. In case your offer has any requirements of exclusivity (note that Influur prefers exclusivity rights are exceptional, and an exclusivity fee must be explicitly agreed) or time limit for use rights (which can’t be against local law, and must be explicitly agreed and paid for), please be very clear and transparent on those. Please make sure that your offer complies with these Terms and with local law- please see the section below about our Strikes System and our Community Guidelines, as any offer infringing those may receive a strike, or in severe cases, be banned from our platform.

As an Influencer, you must provide any necessary information about you in your Profile, so Brands can know you better, and see if you are the influencer they are looking for, so make sure you have a complete profile and metrics and upload any content or information that may help you. Some information will be necessary before you can apply for any work offer. You can review the different work offers and apply for those that match your interests.

Once the parties have noted mutual interest, they can negotiate regarding the details of the work to be done. In case it is necessary, they can mutually agree on different terms and conditions, budget and payment, dates, deliverables and so on. Insofar it does not breach these Terms or the local law, you are free to negotiate what is best for both. Please make sure that your final agreements are sent to Influur, as such will be the binding terms for such work. In case necessary, Influur can exceptionally help you in your negotiations.

During the negotiations, it is the duty of the parties to request and disclose any information relevant for the identity and credentials. For example, if the Influencer claims to have a license to practice medicine, the Brand must request it, and the Influencer must disclose such. If the Brand wants the Influencer to create content with certain music and regarding regulated goods, such as medicines, the Influencer must request the Brand hold the required copyright license for the music and the regulatory authorization for the medicines advertising. The same will apply for any other law, including anti-money laundering and similar regulations. Influur is not liable for the failure of the parties to request and disclose all necessary legal and regulatory information necessary to ascertain the final product is valid and legal in any specific jurisdiction.

Once the parties have agreed, the Brand will transfer the full amount of the money, with the relevant commission and taxes, to Influur, who will retain it while the work is being produced and reviewed.

After both parties has enter into an agreement inside our platform, the Brand must make sure to provide the Influencer all the information, content, instructions, products, access to venue or any other element necessary for the Influencers to create and perform their content, in the reasonable time and form according with the circumstances, line of business, best practices, local law and customs. Any product given to the Influencers for the content creation must belong to the Brand. In the case of clothing, the Brand must provide the appropriate size to the Influencer. Brands must make sure to provide all of this on time, so the Influencer can work on the content.

Once the content is ready, the Influencer must submit the draft to the Brand and to Influur for review and approval. The Brand may request up to three changes, insofar as they are reasonable and do not require a significant redo of the content. All parties must be reasonable regarding the amount of time for reviewing and for implementing the changes, and any unreasonable delay on any of the parties in doing their side will impact the outcome of the project.

Once approved the final draft by the Brand, Influur will proceed with the payment to the Influencer.

The general payment term used for the remuneration of work accepted through the platform is 10 days following the delivery of the content to the satisfaction of the brand. Influur is merely an intermediary between the parties and facilitates the payment operation to the Influencer. Therefore, it is the exclusive responsibility of the parties to agree on the price of the work, the content guidelines, and other specific characteristics of each job.

The amount to be paid can be reduced in case the Influencer breaches the agreement or provides a partially complete work. A case-by-case analysis will apply, and all the parties will discuss until reaching an agreement. In case the above is not possible, Influur will, with the intent to preserve the rights and interest of all parties, decide the outcome of the conflict, considering at all times these Terms and the equity between the parties.

In case the Influencer requires the fee to be advanced before such 10 days, such can be done if requested to Influur, but a commission will apply.

Finally, Brands may rate the Influencers they have worked for, provided they are respectful and fair.

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What about messaging?

‍As part of the Services, you may receive communications through the Services, including messages that Influur sends you (for example, via email or app notification). When signing up for the Services, you will receive a welcome message and instructions on how to stop and unsubscribe from receiving messages. By signing up for the Services and providing us with contact information r, you confirm that you want Influur to send you information that we think may be of interest to you, which may include Influur using automated technology to message you at the contact information you provided, and you agree to receive such communications from Influur. In case you have registered third parties, you represent and warrant that each person you register for the Services or for whom you provide their contact data has consented to receive communications from Influur.‍

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Are there restrictions in how I can use the Services?

‍‍We want users to enjoy the use of the Services, but not at the expense of the safety and well-being of others or the integrity of our community. Therefore, you represent, warrant, and agree that you will not engage in, share, provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:

1. Violates these Terms, or any other terms and policies that apply to your use of the Services.
2. infringes or violates someone else's' rights, including their intellectual property rights (including Influur’s), or that you do not own or have the necessary rights to use or share, unless an exception or limitation applies under applicable law.
3. violates any law or regulation, including, without limitation, any advertising regulations, applicable export control laws, privacy laws or any other purpose not intended by Influur. Applicable laws will largely depend on the nature of the Brand and the Influencer Services.
4. is dangerous, harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, discriminatory, obscene, or otherwise objectionable.
5. jeopardizes the security of your Influur User ID, account, or anyone else’s (such as allowing someone else to log in to the Services as you, or upload malicious code), or in general, disables, interferes with, overburdens, impairs or affects the proper working, operation, integrity or appearance of Influur’s Services, systems, operations, or products.
6. attempts, in any manner, to obtain the password, account, or other security information from any other user or Influur’s Services.
7. violates the security of any computer network or cracks, proxy, request, or collects any passwords or security encryption codes.
8. runs Mail list, Listserv, any form of autoresponder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure).
9. “Crawls,” “scrapes,” “spiders,” access or collect any page, data, or portion of or relating to the Services or Content (through use of manual or automated means).
10. copies or stores any significant portion of the Content.
11. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
12. You may not sell, license, or purchase any data obtained from us or our services, except as provided in the Terms; or
13. You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.

A violation of any of the foregoing is grounds for restriction, suspension, or termination of your right to use or access the Services, following Influur’s Community Guidelines and strike system as described below.

‍Are there any terms specific to me as an Influencer?

‍No Influencer may collect any information from or relating to Brands (“Brand Information”), whether via the Services, while performing Influencer Services, or otherwise, beyond what is necessary to perform the Influencer Services for the applicable Brand from or about whom such Brand Information was collected. Influencers also must not use any Brand Information beyond what is necessary to perform the Influencer Services for such an applicable Brand. Upon the conclusion of the Influencer Services for a Brand (or otherwise upon the request of such Brand or Influur), Influencer must properly destroy all Brand Information from or relating to such Brand, including any information or documents provided by the Brand for the completion of the Influencer Services, and make no further use of it whatsoever, except and exclusively for incorporation in his/her personal portfolio. Influencers must collect, use, maintain, and transmit all Brand Information in compliance with all applicable laws. Confidential information (for example, the date of launch of a new product) must not be disclosed to third parties, and must be taken care of with special care, as per agreed and under applicable laws.

Influencers must comply with all applicable laws related to the Influencer Services, following the instructions of the Brand. This applies, for example, to the copyright of the Content or music used, as well as any other applicable law, depending on the nature of the Brand and the Influencer Services. Please note that some industries are more heavily regulated, such as, for example, health, banking, law, among others. Influur cannot provide any legal advice, so any question or comment must be directed to the Brand.

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‍Unilateral cancellations by creator or brand.

Both Influencers and Brands accept that by using the application, they adhere to the job cancellation policy through the platform. In this way, Brands can cancel accepted jobs by an Influencer up to five calendar days before the job's execution, provided that the Influencer has not already delivered the content for the Brand; in such cases, the Brand is obliged to pay the proportional part corresponding to the content already delivered.

Likewise, the Influencer agrees and is obliged to carry out previously contracted jobs for the Brand, unless the Brand cancels under force majeure. Otherwise, if an Influencer repeatedly cancels a job on more than three occasions without a valid reason, Influur reserves the right to block the Influencer user's account. Additionally, if Brands have already paid for a job that the Influencer does not complete, Influur reserves the right to deduct the amounts already paid for those uncompleted jobs. The Influencer agrees to these terms and conditions.

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‍What are my rights in the Services?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content, unless an exception or limitation applies under applicable law or (ii) in a way that violates someone else’s (including Influur's) rights.

Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services per these Terms. Use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services, or engaging in and complying with the Influencer Services, is expressly prohibited without prior written permission from us. You understand that Influur exclusively owns and manages the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services, except as provided by applicable law or agreed in writing by Influur. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply, unless as provided under applicable law.

Further, you have the right to provide or opt out of providing certain types of voluntary information in creating your account and any other User Content. For example, you may choose to include information about yourself including, but not limited to, age, gender identity, sexual orientation, and disability and medical information. The purpose of voluntarily providing this information is solely so that Brands may identify you for certain opportunities to perform Influencer Services for them. We recommend caution and care in selecting the information you wish to share, and never share confidential or sensitive information. Influur does not require you to provide this information, nor use it for any purpose, and your right to use the Services will not be affected by your choice to provide or not provide any such information.

If you download or use our software, you give us permission to download and install updates to the software where available.

What about anything I contribute to the Services – do I have to grant any licenses to Influur or to other users?

User Submissions‍

‍Anything you post, upload, share, store, or otherwise provide through the Services, such as photos or videos is your “User Submission.” Some User Submissions may be viewable by other users. Some of such User Submissions may be protected by intellectual property rights, and you retain ownership of such, if you have such right under applicable law, in any such Content you create and share in the Services. Nothing in these Terms takes away the rights you have to your own User Submissions and Content. You are free to share your Content with anyone else, wherever you want. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.

In addition to the restrictions found above, you agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) violate these Terms of Use, or any other terms and policies that apply to your use of the Services (ii) infringe any third party's intellectual property rights or other rights (e.g., copyrights, trademarks, privacy rights, etc.) or that you do not own or have the necessary rights to use or share, unless an exception or limitation applies under applicable law; (iii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.

Influur shall not be liable for any user-generated Content that may infringe any applicable law or third-party rights, as provided below in these Terms.

Licenses‍

‍To provide our Services and improve them, and to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights and licenses to and under the User Submissions (see below for more information). Please note that such licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also related to your personally identifiable information.

By submitting User Submissions through the Services, you hereby do and shall grant Influur a worldwide, non-exclusive, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, host, run, copy, reproduce, distribute, prepare derivative works of, display, perform, translate, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, license to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, including after your termination of your account or the Services. For clarity, the foregoing license grants to us, and our users do not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third-Party Accounts, such as your social networks, you authorize Influur to share that information with the applicable Third-Party Account provider. Please review the policies of any Third-Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.

You can delete User Submissions at any time. In addition, all User Submissions posted to your account will be deleted if you delete your account. Content will not automatically be deleted, and if it was reshared or used by other users, or used in our metrics and reports, which you already authorized under the privacy policy, in accordance with this license, or due to technical limitations, it might not be deleted. For your User Submission and accounts deleted, it can take some time for Influur to finalize the deletion process in all its servers, backups, and recovery systems, but while such a process is being undertaken, the Content will no longer be visible to other users. We will restrict any Content deletion to (i) investigate or identify illegal activity or violations of these Terms, (ii) to protect the safety, integrity and security of our Services, systems, employees, users and ourselves, (iii) to comply with legal obligations of evidence preservation required under applicable law, (iv) for purposes of our metrics, reports and analysis with public data you provide to our platform, or (v) to comply with a request from a competent authority. In all those mentioned cases, content will be restrained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

Finally, you understand and agree that Influur, in performing the required technical steps to provide the Services to our users (including you), may need to make non-editorial changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

Permission to use your name, voice, image, and likeness: You give us permission to use your name, voice, image, and likeness on the content you share with us and the Brands, without any compensation to you. For example, we may use your image to share it with Brands and promote you for a specific campaign.

Limits on using our intellectual property.

You can only use our Trademark and Copyright, only with our written permission. You also need permission to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us.

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‍What if I see something on the Services that infringes my copyright?

‍In accordance with the applicable Copyright Law, such as the United States Digital Millennium Copyright Act, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements.

If you believe that material or Content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Influur's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

1. A physical or electronic signature of the owner of the copyright, or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
2. Identification of works or materials being infringed.
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company can find and verifying its existence.
4. Contact information about the notifier including address, telephone number and, if available, email address.
5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of lying under oath that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.

‍Upon receipt of a proper notice of copyright infringement, we reserve the right to:

1. remove or disable access to the infringing material.
2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
3. terminate such content provider's access to the Services if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent.

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

1. A physical or electronic signature of the content provider.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
3. Provide proof of having a better right, a license or authorization, or that its use is in accordance with the limitations and exceptions provided in applicable law, or absent that, a statement that the content provider has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material; and
4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person that the Company will replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice.

Please contact Influur's Designated Agent at the following address:

Influur Corporation

Attn: DMCA Designated Agent

Influur Corporation, 111 Brickell Ave., 10th Floor, Miami, FL 33131,

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‍Who is responsible for what I see and do on the Services?

Any information, User Submission or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information, Content or User Submission or what actions you may take because of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

Regarding Content generated as a consequence of an Influencer Service, such liability will largely depend on who decides the nature and concepts of the content, and per applicable law. For example, if the script were drafted and created by the Brand, and the Influencer only interpreted such, liability would befall on the Brand. However, if the Brand left creative liberty for the Influencer to decide the specific content of the Content,

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the way you contribute it, and comply with any and all applicable laws.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Influur. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Influur is not responsible for such risks.

Influur has no control over, and assumes no responsibility for, the content, accuracy, truthfulness, reliability, legality, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Influur will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from all liability arising from your use of any third-party website or service.

If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Influur is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Influur, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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‍Will Influur ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all the Services. We’ll try to give you prior notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion.

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‍Do the Services cost anything?

Our Services are funded in a variety of ways. The Services may be free, or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. All such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services. You agree that we can show you personalized ads and other commercial and sponsored content that businesses and organizations pay us to promote on and off the Services. We use your personal data, such as information about your activity and interests, to show you personalized ads and sponsored content that may be more relevant to you, according to our Privacy Policy.

Paid Services.

Our Services may be subject to payments (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for accepting and LWT, downloading or installing the Services through the App Store (as defined below) linked to your specific device. You agree to comply with, and your license to use our mobile application is conditioned upon your compliance with, such App Store terms and conditions. Any refunds relating to the applications or inquiries regarding refunds relating to the applications shall be handled solely by the applicable App Store in accordance with such App Store’s terms and conditions.

Billing.

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

Influencer Service Fee.

‍By using Influur services as Influencer, you agree to pay all applicable fees associated with the services offered. These fees may include, but are not limited to, LWT fees, transaction fees, or any additional charges as specified on the platformFee structure: The applicable fee will be 8% of the total value of each accepted LWT on the platform. This fee will be automatically deducted from the total value of the transaction once the LWT has been accepted by the relevant parties on the platform.Influur reserves the right to modify the fee structure at any time. Any such changes will be communicated to users via [email notification/platform notification] and will apply to future transactions made after the date of the change. You are responsible for reviewing these changes, and by continuing to use the services, you accept the revised fees.Unless otherwise specified, fees are non-refundable. If you believe there has been an error in billing or payment processing, please contact Influur within 10 days from the date of the transaction. Disputes will be handled in accordance with our Dispute Resolution Process.

Payment Method.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due in your Billing Account upon demand.

Influencer Services.

In case Influencers and Brands agree on any Influencer Services, both parties agree that all payments and money transfers will be done via our Payment Processor. Any and all fees owed and due to Influur will be transferred and held by such Payment Processor on behalf of Influur. Any payment made by Influur to Influencers of the Brands will be done in the same way.

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Free Trials and Other Promotions.

Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@influur.com.

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Influur Premium:

-Only available for Influencers-

If the Influencer buy any of our paid Services (“Influur Premium Services”), you agree to pay us the applicable fees and taxes and to any additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

• Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
• We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
• If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
• We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
• Influur Premium will allow subscribers to access processed data, profile information, growth tips for their audience, and more. However, subscribing to Influur Premium does not guarantee that the influencer will be selected for jobs posted on the platform or that their profile will be given preference over others. The subscription to Influur Premium should not be interpreted as a payment for rights to obtain work or jobs on our platform. The designation of influencers for jobs on the platform is handled by the contracting brand, and Influur assumes no responsibility in this regard.
• Payments for Influur Premium subscriptions are non-refundable from the moment the influencer decides to pay for the subscription. However, the services may be unilaterally canceled by the influencer at any time, simply by canceling directly in the account settings on the platform.

‍What if I want to stop using the Services?

You’re free to do that at any time by contacting us at support@influur.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us and your Content and User Submissions after you have stopped using our Services.

Influur is also free to terminate (or suspend access to) your use of the Services or your account for any reason at our discretion, including your breach of these Terms. Influur has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Brand who believes that an Influencer may be in breach of these Terms is not able to enforce these Terms against that Influencer, but can report such Influencer to us, for our review and decision.

Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

If you have deleted your account by mistake, contact us immediately at support@influur.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all the following will survive termination: any obligation you must pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

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Collaborations between Influencers and Brands:

Influur allows brands to run campaigns through our platform to send products to our registered Influencers. Influur solely provides the platform as a means of communication and coordination for collaborations between brands and Influencers.

However, Influur will not participate in the shipment of products or coordination for their delivery. Additionally, Influur will not be responsible for any adverse events affecting the recipients of these products and recommends direct communication with the brands and adherence to each product’s usage instructions.

Influur will not charge a fee for this service, and it is stated that the sending of gifts (collabs) by the brand to an Influencer does not constitute payment for content creation services. Therefore, Influur will not be held liable for any omission of content creation by an Influencer.

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‍What about Mobile Applications and In-App Purchases?

You acknowledge and agree that the availability of our mobile application is dependent on the third-party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such a store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use apply.

Through our mobile applications, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Services. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). Influur is not a party to any In-App Purchase.

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‍I use the Influur App available via the Apple App Store – should I know anything about that?‍

These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:

1. Both you and Influur acknowledge that the Terms are concluded between you and Influur only, and not with Apple, and that Apple is not responsible for the Application or the Content.
2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services.
3. You will only use the Application in connection with an Apple device that you own or control.
4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application.
6. You acknowledge and agree that Influur, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application.
7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Influur, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Both you and Influur acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
10. Both you and Influur acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

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‍Can I refer other users?

From time-to-time Influur may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Influur nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Influur. There is no limit to the number of referrals that a Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such a special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Influur reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Influur's discretion for any reason or for no reason whatsoever. If Influur determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Influur reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Influur to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.

‍What else do I need to know?

‍Warranty Disclaimer.

‍Influur and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Influur and all such parties together, the “Influur Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Influur Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Influur Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services, including any Influencer Services. THE SERVICES AND CONTENT ARE PROVIDED BY INFLUUR (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

‍Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE INFLUUR PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO INFLUUR IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

‍Indemnity.

You agree to indemnify and hold the Influur Parties harmless from and against any and all claims, liabilities, damages (actual, incidental, punitive and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), including any Content or User Submission you create or share, that may infringe any law or affect third party’s rights, and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (if failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). In case Influur is found liable of any charges related to the above, Influur will be able to repeat against you claiming for the appropriate indemnification.

‍Assignment.

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Influur's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of law’s provisions thereof.

‍Arbitration Agreement.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Miami, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Influur will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Influur will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Influur may assert claims, if they qualify, in small claims court in Miami, Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND INFLUUR WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Influur are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Influur over whether to vacate or enforce an arbitration award, YOU AND INFLUUR WAIVE ALL THE RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Influur is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Influur Corporation, 111 Brickell Ave., 10th Floor, Miami, FL 33131 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Influur to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Influur agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Miami, Florida, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Influur. However, outside of this Arbitration clause, if any section is found to be null and void or unenforceable, the remainder will continue to be considered valid and binding.

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‍Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, including the Influencer Services, provided that the Influur may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Influur agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Influur, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Influur, and you do not have any authority of any kind to bind Influur in any respect whatsoever.

The Influencer, upon accepting a deal within the platform and thus performing work on behalf of a Brand, including but not limited to photographs, videos, reels, among others, by accepting and submitting the work, grants a license to the Brand and Influur for indefinite use of their asset, without implying that their general image rights have been transferred. The rights held by the Brand and Influur regarding exploitation are solely related to the asset provided as compensation for the accepted work on the platform.

Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Influur agree there are no third-party beneficiaries intended under these Terms.

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‍Strikes System

‍We would like to provide you with a detailed overview of the criteria that may lead to the issuance of a strike or warning to Brands and Influencers within our platform. It is essential for all users to understand the circumstances under which such actions may be taken to ensure a harmonious and compliant environment for everyone involved.

In case you see something on the Services that should not be there, or if we receive reports from any relevant authority, or become aware of such through any means, our dedicated teams will review each case with utmost care. They will evaluate if that kind of content should or should not be in our Services, considering these Terms, as well as international standards on free speech and regulated content. The purpose of our review is to protect our community of users, so this is a safe and free platform for everyone, as well as to make sure the purpose of our Services is kept, and everyone complies with their commitments. Once our brand identifies that an influencer has indiscriminately used the Collabs feature to profit from gifts without posting any content for the brands providing those gifts (more than 3 collabs), Influur may issue a first strike.

Please understand that the number of strikes necessary to impose each degree of penalty varies depending on the severity and recidivism of each strike. If you publish content that is egregiously severe, a single strike might be enough for significant restrictions or termination of our Services. Our strikes may or may not disappear after some time, depending on several circumstances. If you consider we made a mistake, please contact us and we will review your appeal. In no case, Influur is under any obligation to cancel any strike, or provide any additional information regarding each strike. For most of our rules, the following is our standard:

In the event that a brand or Influencer violates any of our established rules or guidelines, a strike will be issued as a formal warning.

After the first strike, a notification will be sent to you, highlighting the specific violation and the consequences of accumulating further strikes.

A second strike will result in another notification, reiterating the significance of compliance and the potential for account suspension. We will request you to abide by our rules, and alert that a future strike could partially or totally suspend any or all of the Services and features, or even terminate your account.

Upon receiving a third strike, your account will be subject to immediate suspension, leading to restricted access to our application or termination of our Services.

Please note that your content may be removed and deleted in case it is found infringing our Terms and Community Guidelines, or if requested to be removed by a competent authority.

The content moderation actions described in this section do not preclude any party right, as per these Terms provide.

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‍Brand

‍(a) Externally responding or reaching out to an Influencer you first connected with on Influur.

(b) Publish or share contact information with the Influencers to communicate outside of the app.

(c) Reject influencers content more than 3 times and/or ask to do something different than the campaign description. The above does not need to be consecutive or to the same Influencer.

(d) Cancel the campaign related to the Influencer content once it has been accepted. Any canceled campaign will be paid in proportion to the work already done, even if not delivered.

(e) unilaterally change the number, content, and features of the deliverables, after it has been approved by the Influencer, unless a renegotiation exists.

(f) Post content or offers for content creation that evidently infringe local law, require the Influencer to do something against the law or these Terms, discriminatory, impossible to be performed by any average person, or fail to inform that the work required has any degree of danger or harm to physical, emotional or mental health, or a significant change in the Influencer’s image or physique.

(g) Influur does not promote content that is explicitly violent, discriminatory, cruel, or inhuman (including against animals), which endorses or promotes acts of violence (including credible threats, self-harm, and suicide), bullying or harassment, nudity and sexual exploitation or solicitation. The publication of regulated goods must be done following the law, so if it is forbidden to promote certain substances in your jurisdiction, such cannot be promoted via Influur. The content offer cannot include any of the above.

(h) Fail to comply with local law, including proper due diligence in case of minors and specialist Influencers, regulated and prohibited content, mandatory warning and disclaimers, Intellectual Property Rights (including images and music), privacy obligations, or that is intentionally designed for fraud and deception.

(i) Use the Influencer content in a form different as what was agreed by the parties, or against these Terms or local law, including outside of the agreed territory, outside of the agreed time, in a form or version different from what was agreed, even if edited or derivative work.

(j)  Failure to provide all the necessary information, content, instructions, products, access to venue, or element necessary for the Influencers to create and perform their content, in the reasonable time and form according to the circumstances, line of business, best practices, local law and customs. Any product given to the Influencers for the content creation must belong to the Brand. In the case of clothing, the Brand must provide the appropriate size to the Influencer. Any of the above cannot be used to cancel a campaign or work, so long it is attributable to the Brand.

(k) Fail to conduct all communications, negotiations, requests, reviews, and interactions respecting the Influencers or Influur’s dignity. In any scenario, any member of the Brand may disrespect, intimidate, insult, coerce, threaten, extortion or similar actions against any Influencer and their team, Influur employees, or any user or third party.

(l) In case of any conflict with the Influencer, you must not publish content regarding such conflict on any social media or make it public, including content against their reputation. Any and all conflicts must be solved amicably between the parties.

(m) Create more than one account for the Brand or provide access to anyone that has no right to use it.

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‍Influencer

(a) Not meeting the content publication date, except prior approved extension. This does not apply in the event that information, content, instructions, products, or access to the venue was not granted with sufficient time by the Brand.

(b) Not meeting the draft submission date, except prior approved extension. This does not apply in case information, content, instructions, products, or access to the venue was not granted with sufficient time by the Brand.

(c) Accepting to attend an event or shooting and missing it (Counts as two warnings) (unless force majeure).

(d) Canceling a job after it was already accepted (unless force majeure).

(e) Applying to a job and then rejecting it. (unless force majeure)

(f) Not making changes that were specified in the brief (maximum of 3 changes).

(g)  . Unilaterally changing the price disclosed in the price packages, after a job was already accepted, unless it relates to a bilateral renegotiation.

(h)Reaching out to brands outside of the app (Counts as two warnings).

(i) Input your contact information in your Influur’s profile.

(j) Uploading inappropriate content to Influur Connect (See what's up).

(k) Create content to which the Influencer has no rights or authorship, including content over which the Influencer has no intellectual property rights (including images, video, and music, unless provided by the Brand), or where the Influencer does not appear.

(l) Impersonate any person or create content that intentionally deceives or misleads others. In case you are a specialized Influencer, such as a doctor, lawyer, nutritionist, psychologist, or any profession that requires proper documentation and license, you must prove you have all the necessary credentials before accepting the job. In case the job requires the Influencer to use any product or visit any place, you must not deceive the audience by creating content with other products or visiting other places.

(m) Require different sections of the job (such as content and music) to be paid for separately.

(n) Create content that is not only contrary to the Brand instructions and requirements, but it is also contrary to local law, these Terms, such as explicitly violent, discriminatory, cruel, or inhuman (including against animals), is or promotes bullying and harassment, nudity, sexual exploitation, or that is intentionally designed for fraud and deception.

(o) Use the created content in a form different from what was agreed by the parties. The above includes using the content for uses different from the natural use of personal portfolio, presentation of prior works, promotion of personal image as Influencer, and similar non-commercial uses. Also, this includes infringing any exclusivity rights agreement, unless infringing local law.

(p) perform any act not related to the content, but which may affect the existence and outcome of the campaign, such as declarations or posts, as well as commission of crimes, which may cause a reputational harm not only to the Influencer himself/herself, but to the Brands that hired him/her.

(q) In case of any conflict with the Brand, you must not publish content regarding such conflict on any social media or make it public, including content against their reputation. Any and all conflicts must be solved amicably between the parties.

(r) Create more than one account under your name. Your agents and representatives may not use your own account without prior authorization by Influur.

(s) Fail to conduct all communications, negotiations, requests, reviews, and interactions respecting the Influencers or Influur’s dignity. In any scenario, any member of the Brand may disrespect, intimidate, insult, coerce, threaten, extortion or similar actions against any Influencer and their team, Influur employees, or any user or third party.

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