Terms Of Use

The user or influencer or content creator (‘you’ or ‘Influencer’) by downloading, browsing, accessing or using our website www.influsway.com or mobile application (“platform”) operated by Influsway LLC (‘we’ or ‘us’) has agreed to these terms of use (‘Terms’). We reserve the right to modify these Terms at any time. You can proceed to use or browse this platform only if you consent to these Terms and other legal documents on the platform. If you disagree with any of these Terms you should immediately discontinue your access to platform and your use of the services offered on the platform. Continued use of the platform will be your acceptance of these Terms.

Definitions

In these Terms and Conditions of Use, the following terms shall have the following meanings given below:

• Account means an account created by an Influencer on the platform as part of registration
• Bid means the offer an Influencer makes on job posted by Business
• Business refers to any entity whose Jobs can be bid on platform by the influencer
• Campaign the content and creation of material by an Influencer based on the job description or posting/brief given by Business
• Deliverables all content mentioned by Influencer in creation of campaign for Business
• Influencer refers to any entity who has a social media account
• Influsway refers to the website and application operated by Influsway LLC
• Job refers to any post made by Business on the platform
• Privacy Policy means the privacy policy as found on Influsway platform
• Won Bid means a bid that has been awarded to the Influencer
• Register means to create an Account on the Influencer platform

Platforms Terms

• You have provided your consent before proceeding to access the platform and are bound by these Influencer Terms of Use
• The Influencer guarantees that he or she is older than 18 years of age
• The use of the platform and the making of any Bids or applying for any jobs or offers or Instadeals are subject to these Terms
• Once an Influencer has registered on the platfrom, Influsway will review their account and verify within 24 hours. Only after this will the Influencer be permitted to make a bid or apply for any jobs or avail any offers in the platform
• Use of the platform is for the purpose of finding and bidding for jobs/listings/offers.
• The Influencer shall not approach the brands/Business directly but shall only communicate through the platform and the chat functionality available on the platform
• The Influencer can make as many bids as they so choose, with AED 150 being the minimum bid amount
• The Influencer must set an amount to the bid and describe what they will deliver in the offered bid to the job posted by the Business(es) e.g. AED x amount for 3 grid posts on Instagram and 1 reel on TikTok.
• For availing of any offers or Instadeals on the platforms , they will have to go through the process available on the Platform and confirm with the Influsway team.
• The Influencer should refrain from applying on a job post or Instadeal if it is in direct conflict with an ongoing campaign or awarded bid
• When an Influencer has been awarded a job i.e. being hired by the Business, the Influencer shall have a channel to communicate with the Business to discuss details of the campaign. This form of communication shall be a chat which will be monitored and no exchange of numbers or emails should be made as this will be in violation of these Terms
• The Influencer should refrain from direct contact with the Business once the campaign is completed, any and all communication should go through the platform or the Influsway team
• In order to register as an Influencer, your account must be public. Your account must remain public in your time registered with Influsway.

Obligations

• Influencer must register themselves on the platform
• Influencer must verify their account in order to place any bids or apply for any offers or Instadeals
• The Influencer shall honour all listed terms of engagement for the job they have applied for on the platform
• The Influencer shall refrain from removing any campaign material from their page, post finalization of the job
• In the event that the Influencer is awarded the bid but does not revert back or accept, 10% of the job amount shall be charged for non-performance by the Influencer and for breach of these Terms. Influsway reserves the right to take any necessary action in this regard.

Payments

• Post completion of job, the Influencer shall be paid within 3 working days through bank transfer
• If a bid is awarded to the Influencer, platform usage fees of 10% shall be deducted from the final amount upon completion of the job by Influsway platform
• Both Influencer and Business agree and acknowledge that the Influsway standard operating process shall be applicable in the event a Business raises concern over the deliverables / performance of an Influencer on a particular job/campaign.

Representation And Warranties

• Influencer confirms that all information provided upon registration is true and accurate
• The Influencer will refrain from creation of any material which is offensive, indecent, obscene, blasphemous or defamatory of any person, business and or place or is in contradiction or violation of any rules or job description or regulations or laws applicable
• Influencer will create content and deliverables to the best of their ability and as per the job description and related discussion with the Business
• Influencer shall refrain from creation of any material that is not tasteful or civil in nature
• Influencer is to provide full insight and clarity to both Influsway and the Business on all posts / stories / reels that they have created as part of their campaign

Termination

• If you use (or anyone other than you, with your permission uses) the platform and related Services in contravention of these Terms, we may suspend your use of the Services and the platform
• Influencer(s) will be rated by each Business post completion of job
• In the event that the Influencer breaches any of the Terms listed here, then Influsway reserves the right to suspend or terminate said Influencer’s account till further notice

Disclaimer And Exclusion Of Liability

• Influsway does not make any warranties or representations as to the accuracy, timeliness or completeness of the information provided on the platform
• Influsway shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the platform
• Influsway through reasonable endeavours tries best to ensure that our system is secure. You acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the platform or electronic mail transmitted to and from us, will not be monitored or read by others.

Indemnity

The Infleuncer i.e. you agree to indemnify and keep Influsway indemnified against any claim, action, suit or proceeding brought or threatened to be brought against Influsway arising out of (i) your use of the platform, (ii) use of the platform by any other or third party using your username, password and/or (iii) your breach or violation of any of these Terms

Amendments

• Influsway reserve the right to amend these Terms periodically without notice. The revised Terms shall be posted on the platform and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
• Influsway will periodically make changes to the content on the platform including but not limited to the descriptions, price of services advertised, at any time and without notice. Influsway shall not be held liable or responsible for any errors or omissions in the content on the platform.

Applicable Law And Jurisdiction

You agree that the laws of the United Arab Emirates shall apply to all matters relating to the use of the platform. You accept and agree that in case of any dispute, difference, controversy or claim arising out of or in connection with this contract, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai, United Arab Emirates.

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