Terms and Conditions for InfluencerX

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the InfluencerX platform (the "Service") operated by InfluencerX ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, Brands, Creators, and others who access or use the Service.

1. Introduction

InfluencerX is a marketplace designed to connect businesses, brands, and individuals ("Brands") seeking promotional content or collaborations with Instagram content creators and influencers ("Creators"). We facilitate the discovery, communication, and secure payment between both parties.

2. Accounts and Registration

General Requirements

• You must be at least 18 years old and capable of forming a binding contract to use the Service.
• When you create an account, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
• You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party.
• You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Creator Requirements

• Creators must link their valid Instagram handles and accurately represent their niche, followers, and engagement metrics.
• We reserve the right to vet, approve, suspend, or reject any Creator's application or active profile based on quality guidelines.

3. Communications and Messaging

Our Service includes an integrated messaging feature designed to facilitate real-time project discussions, requirement sharing, and progress updates.

• Encrypted Messaging: Messages sent via the platform's chat are securely encrypted. By utilizing this feature, you agree to communicate exclusively through the platform for all project-related matters during an active contract to ensure clarity and support dispute resolution.
• Prohibited Content: You agree not to use the messaging service to send unsolicited marketing, abusive language, threatening behavior, illegal content, or requests that violate our local or international laws.

4. Payments and Escrow

InfluencerX guarantees payment security for both Brands and Creators through an Escrow model.

• Booking and Escrow: When a Brand purchases a package from a Creator, the funds are immediately deducted and held securely in escrow by the platform.
• Currency: All transactions are conducted in Kenyan Shillings (KES).
• Release of Funds: Funds are released to the Creator's Wallet only after the Creator successfully delivers the agreed-upon content and the Brand approves the delivery, or after a specific auto-approval timeframe elapses (usually 3 days after final delivery) without any disputes raised by the Brand.
• Platform Fees: InfluencerX charges a standard commission fee (as specified on your dashboard) which is automatically deducted from the Creator's earnings upon successful completion of the order.
• Withdrawals: Creators can withdraw their cleared ("Available") funds directly to their registered M-Pesa phone number subject to minimum withdrawal limits.

5. Delivery, Approvals, and Revisions

Creators are obligated to deliver the content as specified in the purchased Package's details and any specific requirements agreed upon during the messaging phase.

• Brands must thoroughly review the delivered content. If revisions are required and fall within the scope of the package, the Brand may request them via the platform.
• Once approved, the transaction is marked complete. No refunds apply for completed and approved orders.

6. Disputes and Refunds

We aim to ensure a fair ecosystem for all parties.

• If a Creator fails to deliver the content within the agreed timeframe, the Brand is entitled to a full refund or the option to find a replacement creator.
• If a dispute arises (e.g., content does not meet the agreed brief), either party may initiate a dispute case. Our internal administration team will arbitrate based on the communication history inside our integrated messaging system and the package terms.
• Any decision made by InfluencerX's arbitration team is final.

7. Intellectual Property

Unless explicitly agreed otherwise in writing between the Brand and the Creator, the Creator retains ownership of the copyright of the content, but the Brand is granted a worldwide, non-exclusive, royalty-free license to use, publish, and display the delivered content for the purpose of the specific campaign.

8. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Limitation of Liability

In no event shall InfluencerX, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory.

10. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Contact Us

If you have any questions about these Terms, please contact us.