Terms & Conditions
Please read these terms carefully before using our platform. By using Promosphere, you agree to be bound by these terms.
Last updated: December 2024
Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Promosphere ("Company," "we," "us," or "our") regarding your use of our platform and services.
By accessing or using Promosphere, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the platform after changes are posted constitutes acceptance of the modified Terms.
Definitions
For the purposes of these Terms:
- "Platform" refers to the Promosphere website, mobile applications, and related services
- "User" refers to any individual or entity using our platform
- "Influencer" refers to content creators who use our platform to connect with brands
- "Brand" refers to businesses or organizations seeking influencer partnerships
- "Content" refers to any text, images, videos, or other materials posted on our platform
- "Services" refers to all features and functionality provided by Promosphere
Eligibility
To use our platform, you must:
- Be at least 18 years old or have parental consent
- Have the legal capacity to enter into binding agreements
- Provide accurate and complete registration information
- Comply with all applicable laws and regulations
- Not be prohibited from using our services under applicable law
We reserve the right to refuse service or terminate accounts at our discretion.
Account Registration and Security
Account Creation
To access certain features, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
Account Security
You are responsible for:
- Maintaining the security of your account and password
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your account information remains accurate and up-to-date
Account Termination
You may terminate your account at any time. We may suspend or terminate your account for violations of these Terms or for any other reason at our discretion.
Platform Use and Restrictions
Permitted Use
You may use our platform for legitimate business purposes related to influencer marketing and brand collaborations, in accordance with these Terms.
Prohibited Activities
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Post false, misleading, or fraudulent information
- Engage in spam, harassment, or abusive behavior
- Attempt to gain unauthorized access to our systems
- Use automated tools to access or interact with our platform
- Interfere with the platform's operation or other users' experience
- Circumvent any security measures or access controls
Content and Intellectual Property
Your Content
You retain ownership of content you post on our platform. By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content in connection with our services.
Content Standards
All content must:
- Be accurate and not misleading
- Comply with applicable laws and regulations
- Not infringe on third-party rights
- Not contain harmful, offensive, or inappropriate material
- Follow FTC guidelines for sponsored content disclosure
Our Intellectual Property
Our platform, including its design, functionality, and content, is protected by intellectual property laws. You may not copy, modify, or distribute our proprietary materials without permission.
Payments and Fees
Platform Fees
We may charge fees for certain services. All fees are clearly disclosed before you incur them. Fees are non-refundable unless otherwise specified.
Payment Processing
Payments are processed through third-party payment processors. You agree to their terms and conditions. We are not responsible for payment processing errors or delays.
Taxes
You are responsible for all applicable taxes related to your use of our platform and any transactions conducted through it.
Collaborations and Contracts
Independent Relationships
Promosphere facilitates connections between influencers and brands but is not a party to their agreements. All collaborations are independent contractor relationships.
Contract Terms
Users are responsible for:
- Negotiating and agreeing to collaboration terms
- Fulfilling their contractual obligations
- Resolving disputes directly with their collaboration partners
- Ensuring compliance with applicable laws and regulations
Dispute Resolution
While we may provide tools to facilitate communication, we are not responsible for resolving disputes between users. We encourage users to resolve conflicts amicably and professionally.
Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our platform, you consent to the collection and use of your information as described in our Privacy Policy.
Disclaimers and Limitations
Service Availability
Our platform is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service. We may modify, suspend, or discontinue services at any time.
User Verification
While we implement verification measures, we cannot guarantee the accuracy of user information or the quality of collaborations. Users should conduct their own due diligence.
Third-Party Services
Our platform may integrate with third-party services. We are not responsible for the availability, accuracy, or content of third-party services.
Limitation of Liability
To the maximum extent permitted by law, Promosphere shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our platform.
Indemnification
You agree to indemnify and hold harmless Promosphere, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our platform
- Your violation of these Terms
- Your content or collaborations
- Your violation of any third-party rights
Governing Law and Dispute Resolution
Governing Law
These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms or your use of our platform shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization].
Class Action Waiver
You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.
Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Promosphere regarding your use of our platform.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations at any time.
Contact Information
If you have questions about these Terms, please contact us:
Email: legal@promosphere.com
Address: Promosphere Legal Department
123 Innovation Drive
Tech City, TC 12345
United States
Response Time: We will respond to your inquiry within 5 business days.