Terms Of Use

This Platform or mobile application is operated by InstaFluencer LLC ( “InstaFluencer” or “we”or “us” or “our”), its subsidiaries and affiliates. You must agree to these Terms of Use (“Terms of Use”) to access and use the platform. These Terms of Use are rules for accessing and using the web and app ‘Platform’ and are important, apply to all merchants, and contain many legal disclosures that you should read carefully. Instafluencer LLC (a company registered in SHAMs, UAE) and/or its affiliates and subsidiaries (“Instafluencer,” “we,” “us,” “our”) and business (“End User” or “you” or “Business”) may be referred to throughout these Terms of Use individually as a “Party” and collectively as the “Parties”.

Applicability

These Terms of Use are in addition to any other agreement(s) between you and Influsway. In the event of conflict between these Terms of Use and such agreement(s), the other agreement(s) will take precedence.

Acceptance of terms of use

Influsway operates the Platform. By using the Platform, any service provided through the Platform, or installing mobile or touch versions that allow access to content or services provided through the Platform, you agree to be bound by these Terms of Use, and any additional terms applicable to certain programs in which you may elect to participate, as any of the same may exist from time to time. If you do not agree to these Terms of Use, please stop accessing the Platform and do not use any Influsway service offered through the Platform.

Use of the Platform

The Platform provides information for prospective and current business partners about how Influsway promotion and marketing services can help your business effectively advertise its goods and services to new and existing customers through Influsway platform. As a condition of your use of the Platform, you agree that:

• you are an individual person at least 18 years of age;
• you are in legal capacity to enter into this binding legal obligation;
• your use of the Platform will at all times comply with these Terms of Use;
• you understand and agree that you are responsible for the use of your account by anyone you allow to access it;
• you have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current and complete; and
• you understand that Instafluencer may carry out credit and other checks on you and/or your business.
• You understand and agree not to approach or communicate with the Influencers directly but only through the functionality provided by the Platform
• You agree and understand that due to circumstances both within and outside of our control, your access to the Platform may be interrupted, suspended or terminated. Instafluencer retains the right at our sole discretion to deny service, or access to the Platform to anyone or an account, at any time and for any reason.

Proprietary rights to the Platform

The Platform (“Content”) showcases information, content and technology proprietary to Influsway and other partners with proper licenses. The same cannot be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed, create derivative works from, transfer, or cannot be sold or resold such information, software, products or services obtained from or through the Platform.

Transmission of information

Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Influsway and the Platform while it is being transmitted. In addition, Influsway is not responsible for any data lost during transmission.

Your conduct on our Platforms

Your use and access of the platform from doing the below is prohibited if,:

• using the Platform and related infrastructure and resources to solicit Instafluencer or other user, customers, merchants or other business partners of Instafluencer to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Instafluencer, including, without limitation, aggregating current or previously offered campaigns;
• offering vouchers or otherwise using any Instafluencer account to offer vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by agreement between you and Instafluencer;
• using any Instafluencer merchant information that is not your information from the Instafluencer Platforms for any commercial purpose, including, but not limited to, marketing;
• any acts or omissions which results in illegal or malafide wrongdoings against the Platform or the merchants or our services;

Modification of the terms of use

If we make changes that materially affect your use of the Platform or our services, we will notify you by posting notice of the change on the Platform. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on our Platform. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of such changes. Your use of the Platform after we update these Terms of Use will constitute acceptance of the modified Terms of Use. We also reserve the right to change or discontinue any aspect or feature of our services or the Platform including, but not limited to, requirements for access or use.

Intellectual Property Rights and related process

Any user violating any third party intellectual property right shall attract termination by Influsway of the agreements. Incase you become aware or have proof that any material which has been posted via the Platform by a user of the Platform violates or may violate any intellectual property rights including copyright, you should notify and provide Influsway with the below:

• an identification of the copyrighted work with documentary proof and the location on the Platform of such alleged infringing work;
• you should be the owner of such copyrighted work should have been authorized to act on behalf of the owner of the copyrighted work;
• Any such requests should be sent on info@instafluencer.com email address for notice of claims of copyright infringement. Please note that we do not accept or consider, directly or through any third-party unsolicited ideas of any kind. Influsway reserves its right to not respond to any frivolous ideas or claim without proof.

Consideration

Any and all considerations payable to the Influsway shall be on a non-refundable basis. Terms as mentioned during the time of such communication shall be agreed upon.

Limitation of Liability and Disclaimer

• Instafluencer hereby disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the Platform or the content, statements or other information contained on the Platform, or the products or services accessible or available through the Platform, including, but not limited to those of title noninfringement, merchantability, and fitness for a particular purpose. You expressly agree that use of the Platform is at your sole risk. Neither Instafluencer, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates nor any of their respective employees, agents, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the Platform will be uninterrupted or error free; nor do they make any warranty as to
• In no event shall Instafluencer or its directors or managers or employees be responsible for any loss of revenue, loss of profits (real or anticipated, loss of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to, or corruption of data, indirect or consequential losses, whether those losses are foreseeable, known, foreseen or otherwise, arising out of or related to your use of the Platform, the content, statements and other information contained therein, the products or services accessible though the Instafluencer Platforms or these Terms of Use. Nothing in these Terms of Use shall exclude or limit Instafluencer’s liability for any liability which cannot be excluded or limited by applicable law (including fraud and death or personal injury caused by Instafluencer’s negligence).

Communications and Marketing

• This Platform allows communications for marketing purposes inorder to express opinions and communicate through descriptions, discussion groups, chat rooms or other communication facilities that may be offered on or through the Platform from time to time . Instafluencer shall have the right (but not an obligation), to monitor the content at any time, for any reason, including to determine compliance with these Terms of Use and any operating rules established by Instafluencer, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, Instafluencer shall have the right, but not the obligation, to remove any material from the Platform that Instafluencer, in its sole discretion, finds to be in violation of its Terms or otherwise objectionable content. Please note that Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other User are those of the respective author(s) or distributor(s) and not of Instafluencer.
• Instafluencer shall comply with applicable laws and shall respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type); protect our rights or property, this WebPlatform, and/or other users of this WebPlatform in this respect.

Indemnification

You agree to defend, indemnify and hold harmless Influsway, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services provided by you in connection with the Influsway Platform, your statements, usage of the Platform or violation of these Terms of Use. You are solely responsible for your interactions with your customers and other users of the Influsway Platforms. To the extent permitted under applicable laws, you hereby release Influsway from any and all claims or liability related to any product or service you make or offer to End Users, your Statements, any action or inaction by you, including your failure to comply with applicable law and/or failure to abide by the terms of a Influsway, and any conduct or speech, whether online or offline, of any other user or merchant.

Disclosures

• The provisions of these Terms of Use apply equally to and are for the benefit of Instafluencer, its parent companies, subsidiaries, subsidiaries of parent companies, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
• Instafluencer will not be liable for any default or delay in the performance of its obligations under these Terms of Use due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, and other similar events, to the extent such event is beyond Instafluencer’s reasonable control.
• Non-Solicitation – Our database of users, known as (“User”, “Influencer” or “Creator”), and their data is proprietary to us and other partners. During the Term and for one (1) year thereafter, you shall not encourage or solicit any Influencer of Instafluencer to leave or terminate its relationship with Instafluencer for any reason. Furthermore, the merchant will not approach the Influencer directly or indirectly for the purposes of independent contracting or any agreement offering any form direct exposure.

Minimum Job value

If you are posting a job on the Influsway platform the minimum job value shall be AED 150 , inorder for you to post a valid job which can be applied for by Influencer(s).

Term and Termination

Term. The term of this Agreement shall commence on the starting date of this agreement and shall continue until terminated by any of the parties, the rights, duties and obligations of the parties shall continue in full force during or following the period of the termination notice until termination, including the ordering and billing of advertising in media whose closing dates follow then such period.

Early Termination. early termination will be only after 1 month from commencement of this agreement. Notwithstanding any other provision of the Agreement, following events shall result in early termination : failure to comply with the Agreement; either Party has made an untrue or incorrect representation; bankruptcy or liquidation proceedings; The Agreement is cancelled by the Business for any reason whatsoever, with cause by providing 30 (thirty) days prior written notice

Effect of Termination. Upon termination of this Agreement for any reason whatsoever, each party will return, or at the disclosing party’s request destroy, all Confidential Information and other materials of the other party in its possession. Termination of this Agreement by any party will not act as a waiver of any breach of this Agreement and will not act as a release of liability under this Agreement.

Such termination shall be without prejudice to any rights and/or entitlements that may have accrued or accruing due prior to the termination.

Governing law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Emirate of Dubai and Federal laws of United Arab Emirates. Any and all disputes arising out of or in connection with the Agreement shall be firstly settled amicably within 15 (fifteen) business days from the date of the dispute being notified in writing by either party to the other party, unless settled amicably, the dispute shall be finally resolved by the exclusive jurisdiction of the local Dubai Courts.

Influsway LLC reserves the right to discontinue or modify any part of these Terms of Use as it deems fit. It is your duty as a user to visit the Platform regularly to keep yourself updated.