Influcio Privacy Policy

Agreement To Terms

‍Welcome to Influcio, an AI-powered platform designed to connect influencers with brands. By accessing or using our services, you agree to comply with and be bound by the following terms and services. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Influcio Inc. ("Company", “we”, “us”, or“our”), concerning your access to and use of the Influcio.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the“Site”). The Site provides an online marketplace for the following goods, products, and/or services: marketing influence via social media platforms (the“Marketplace Offerings”). In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use, including the User Agreement posted on the Site, which are incorporated into these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood,and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITHALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THESITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.Supplementalterms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.TheSite is not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal InformationSecurity Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).TheSite is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or use the MarketplaceOfferings.

‍Intellectual Property Rights
‍Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of theSite or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of theContent to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

‍User Representations
‍Byusing the Site or the Marketplace Offerings, you represent and warrant that:(1)all registration information you submit will be true, accurate, current, andcomplete; (2) you will maintain the accuracy of such information and promptlyupdate such registration information as necessary; (3) you have the legalcapacity and you agree to comply with these Terms of Use; (4) you are nota minor in the jurisdiction in which you reside; (5) you will not access theSite or the Marketplace Offerings through automated or non-human means, whetherthrough a bot, script or otherwise; (6) you will not use the Site for anyillegal or unauthorized purpose; and (7) your use of the Site or theMarketplace Offerings will not violate any applicable law or regulation.If youprovide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).Youmay not use the Site or the Marketplace Offerings for any illegal orunauthorized purpose nor may you, in the use of Marketplace Offerings, violateany laws. Among unauthorized Marketplace Offerings are the following:intoxicants of any sort; illegal drugs or other illegal products; alcoholicbeverages; games of chance; and pornography or graphic adult content, images,or other adult products. Postings of any unauthorized products or content mayresult in immediate termination of your account and a lifetime ban from use ofthe Site.We area service provider and make no representations as to the safety, effectiveness,adequacy, accuracy, availability, prices, ratings, reviews, or legality of anyof the information contained on the Site or the Marketplace Offerings displayedor offered through the Site. You understand and agree that the content of theSite does not contain or constitute representations to be reasonably reliedupon, and you agree to hold us harmless from any errors, omissions, ormisrepresentations contained within the Site’s content. We do not endorse orrecommend any Marketplace Offerings and the Site is provided for informationaland advertising purposes only.

‍User Registration
‍Youmay be required to register with the Site in order to access the MarketplaceOfferings. You agree to keep your password confidential and will be responsiblefor all use of your account and password. We reserve the right to remove,reclaim, or change a username you select if we determine, in our solediscretion, that such username is inappropriate, obscene, or otherwiseobjectionable

.Marketplace Offerings
‍Wereserve the right to limit the quantities of the Marketplace Offerings offeredor available on the Site. All descriptions or pricing of the MarketplaceOfferings are subject to change at any time without notice, at our solediscretion. We reserve the right to discontinue any Marketplace Offerings atany time for any reason. We do not warrant that the quality of any of theMarketplace Offerings purchased by you will meet your expectations or that anyerrors in the Site will be corrected.

‍Purchases and Payment
‍Youagree to provide current, complete, and accurate purchase and accountinformation for all purchases of the Marketplace Offerings made via the Site.You further agree to promptly update account and payment information, includingemail address, payment method, and payment card expiration date, so that we cancomplete your transactions and contact you as needed. Sales tax will be addedto the price of purchases as deemed required by us. We may change prices at anytime. All payments shall be in U.S. dollars.Youagree to pay all charges at the prices then in effect for your purchases andany applicable shipping fees, and you authorize us to charge your chosenpayment provider for any such amounts upon placing your order. If your order issubject to recurring charges, then you consent to our charging your paymentmethod on a recurring basis without requiring your prior approval for eachrecurring charge, until such time as you cancel the applicable order. Wereserve the right to correct any errors or mistakes in pricing, even if we havealready requested or received payment.Wereserve the right to refuse any order placed through the Site. We may, in oursole discretion, limit or cancel quantities purchased per person, perhousehold, or per order. These restrictions may include orders placed by orunder the same customer account, the same payment method, and/or orders thatuse the same billing or shipping address. We reserve the right to limit orprohibit orders that, in our sole judgment, appear to be placed by dealers,resellers, or distributors.

‍Refund Policy
‍Allsales are final and no refund will be issued unless both parties included inthe transaction agree to cancel an order, or the Influcio dispute resolutionteam decides that a refund is justified.If anorder is placed with an influencer but the buyer fails to follow through withthe order, or requests to cancel for reasons outside of Influcio’s control,such as a lack of planning or organization, they will be subject to a fee uponrefund.Refundsare automatically dispensed in the form of a platform credit, which shall beadded to the user's "Influcio balance". Said credits may be exchangedby the user for a complete refund, which shall be directed to their originalpayment method, as specified on their "Account" page.

‍Prohibited Activities
‍Youmay not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus. As auser of the Site, you agree not to: 1.  Systematically retrieve data orother content from the Site to create or compile, directly or indirectly, acollection, compilation, database, or directory without written permission fromus. 2.  Make any unauthorized use of the Marketplace Offerings, includingcollecting usernames and/or email addresses of users by electronic or othermeans for the purpose of sending unsolicited email, or creating user accountsby automated means or under false pretenses. 3.  Circumvent, disable, orotherwise interfere with security-related features of the Site, includingfeatures that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Site and/or the Content contained therein. 4. Engage in unauthorized framing of or linking to the Site. 5.  Trick,defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords. 6.  Make improperuse of our support services or submit false reports of abuse or misconduct.7.  Engage in any automated use of the system, such as using scripts tosend comments or messages, or using any data mining, robots, or similar datagathering and extraction tools. 8.  Interfere with, disrupt, or create anundue burden on the Site or the networks or services connected to the Site.9.  Attempt to impersonate another user or person or use the username ofanother user. 10.  Sell or otherwise transfer your profile. 11.  Useany information obtained from the Site in order to harass, abuse, or harmanother person. 12.  Decipher, decompile, disassemble, or reverse engineerany of the software comprising or in any way making up a part of the Site.13.  Attempt to bypass any measures of the Site designed to prevent orrestrict access to the Site, or any portion of the Site. 14.  Harass,annoy, intimidate, or threaten any of our employees or agents engaged inproviding any portion of the Marketplace Offerings to you. 15.  Copy oradapt the Site’s software, including but not limited to Flash, PHP, HTML,JavaScript, or other code. 16.  Upload or transmit (or attempt to uploador to transmit) viruses, Trojan horses, or other material, including excessiveuse of capital letters and spamming (continuous posting of repetitive text),that interferes with any party’s uninterrupted use and enjoyment of the Site ormodifies, impairs, disrupts, alters, or interferes with the use, features,functions, operation, or maintenance of the Marketplace Offerings. 17. Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”). 18.  Except asmay be the result of standard search engine or Internet browser usage, use,launch, develop, or distribute any automated system, including without limitation,any spider, robot, cheat utility, scraper, or offline reader that accesses theSite, or using or launching any unauthorized script or other software.19.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or theSite. 20.  Use the Site in a manner inconsistent with any applicable lawsor regulations.

‍User Generated Contributions
‍TheSite may invite you to chat, contribute to, or participate in blogs, messageboards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Site, includingbut not limited to text, writings, video, audio, photographs, graphics,comments, suggestions, or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theSite and the Marketplace Offerings and through third-party websites. As such,any Contributions you transmit may be treated as non-confidential andnon-proprietary. When you create or make available any Contributions, youthereby represent and warrant that:1. The creation, distribution, transmission, public display, or performance,and the accessing, downloading, or copying of your Contributions do not andwill not infringe the proprietary rights, including but not limited to thecopyright, patent, trademark, trade secret, or moral rights of any third party.2.  You are the creator and owner of or have the necessary licenses,rights, consents, releases, and permissions to use and to authorize us, theSite, and other users of the Site to use your Contributions in any mannercontemplated by the Site and these Terms of Use. 3.  You have the writtenconsent, release, and/or permission of each and every identifiable individualperson in your Contributions to use the name or likeness of each and every suchidentifiable individual person to enable inclusion and use of yourContributions in any manner contemplated by the Site and these Terms of Use. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation. 6.  Your Contributions are not obscene, lewd,lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable(as determined by us). 7.  Your Contributions do not ridicule, mock,disparage, intimidate, or abuse anyone. 8.  Your Contributions do notadvocate the violent overthrow of any government or incite, encourage, orthreaten physical harm against another. 9.  Your Contributions do notviolate any applicable law, regulation, or rule. 10.  Your Contributionsdo not violate the privacy or publicity rights of any third party. 11. Your Contributions do not contain any material that solicits personalinformation from anyone under the age of 18 or exploits people under the age of18 in a sexual or violent manner. 12.  Your Contributions do not violateany applicable law concerning child pornography, or otherwise intended toprotect the health or well-being of minors. 13.  Your Contributions do notinclude any offensive comments that are connected to race, national origin,gender, sexual preference, or physical handicap. 14.  Your Contributionsdo not otherwise violate, or link to material that violates, any provision ofthese Terms of Use, or any applicable law or regulation.Anyuse of the Site or the Marketplace Offerings in violation of the foregoingviolates these Terms of Use and may result in, among other things, terminationor suspension of your rights to use the Site and the Marketplace Offerings.

‍Contribution License
‍Byposting your Contributions to any part of the Site or making Contributionsaccessible to the Site by linking your account from the Site to any of yoursocial networking accounts, you automatically grant, and you represent andwarrant that you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,worldwide right, and license to host, use, copy, reproduce, disclose, sell,resell, publish, broadcast, retitle, archive, store, cache, publicly perform,publicly display, reformat, translate, transmit, excerpt (in whole or in part),and distribute such Contributions (including, without limitation, your imageand voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, suchContributions, and grant and authorize sublicenses of the foregoing. The useand distribution may occur in any media formats and through any mediachannels. Thislicense will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchise name,as applicable, and any of the trademarks, service marks, trade names, logos,and personal and commercial images you provide. You waive all moral rights inyour Contributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.We donot assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or otherproprietary rights associated with your Contributions. We are not liable forany statements or representations in your Contributions provided by you in anyarea on the Site. You are solely responsible for your Contributions to the Siteand you expressly agree to exonerate us from any and all responsibility and torefrain from any legal action against us regarding your Contributions. Wehave the right, in our sole and absolute discretion, (1) to edit, redact, orotherwise change any Contributions; (2) to re-categorize any Contributions toplace them in more appropriate locations on the Site; and (3) to pre-screen ordelete any Contributions at any time and for any reason, without notice. Wehave no obligation to monitor your Contributions.

‍Guidlines For Reviews
‍We mayprovide you areas on the Site to leave reviews or ratings. When posting areview, you must comply with the following criteria: (1) you should havefirsthand experience with the person/entity being reviewed; (2) your reviewsshould not contain offensive profanity, or abusive, racist, offensive, or hatelanguage; (3) your reviews should not contain discriminatory references basedon religion, race, gender, national origin, age, marital status, sexualorientation, or disability; (4) your reviews should not contain references toillegal activity; (5) you should not be affiliated with competitors if postingnegative reviews; (6) you should not make any conclusions as to the legality ofconduct; (7) you may not post any false or misleading statements; and (8) youmay not organize a campaign encouraging others to post reviews, whetherpositive or negative.We mayaccept, reject, or remove reviews in our sole discretion. We have absolutely noobligation to screen reviews or to delete reviews, even if anyone considersreviews objectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates orpartners. We do not assume liability for any review or for any claims,liabilities, or losses resulting from any review. By posting a review,you hereby grant to us a perpetual, non-exclusive, worldwide,royalty-free, fully-paid, assignable, and sublicensable right and license toreproduce, modify, translate, transmit by any means, display, perform, and/ordistribute all content relating to reviews.

‍Mobile Application LicenseUseLicense
‍If youaccess the Marketplace Offerings via a mobile application, then we grant you arevocable, non-exclusive, non-transferable, limited right to install and usethe mobile application on wireless electronic devices owned or controlled byyou, and to access and use the mobile application on such devices strictly inaccordance with the terms and conditions of this mobile application licensecontained in these Terms of Use. You shall not: (1) decompile, reverseengineer, disassemble, attempt to derive the source code of, or decrypt theapplication; (2) make any modification, adaptation, improvement, enhancement,translation, or derivative work from the application; (3) violate anyapplicable laws, rules, or regulations in connection with your access or use ofthe application; (4) remove, alter, or obscure any proprietary notice(including any notice of copyright or trademark) posted by us or the licensorsof the application; (5) use the application for any revenue generatingendeavor, commercial enterprise, or other purpose for which it is not designedor intended; (6) make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the sametime; (7) use the application for creating a product, service, or software thatis, directly or indirectly, competitive with or in any way a substitute for theapplication; (8) use the application to send automated queries to any websiteor to send any unsolicited commercial e-mail; or (9) use any proprietary informationor any of our interfaces or our other intellectual property in the design,development, manufacture, licensing, or distribution of any applications,accessories, or devices for use with the application.

‍Appleand Android Devices
‍Thefollowing terms apply when you use a mobile application obtained from eitherthe Apple Store or Google Play (each an “App Distributor”) to access theMarketplace Offerings: (1) the license granted to you for our mobileapplication is limited to a non-transferable license to use the application ona device that utilizes the Apple iOS or Android operating systems, asapplicable, and in accordance with the usage rules set forth in the applicableApp Distributor’s terms of service; (2) we are responsible for providing anymaintenance and support services with respect to the mobile application asspecified in the terms and conditions of this mobile application licensecontained in these Terms of Use or as otherwise required under applicable law,and you acknowledge that each App Distributor has no obligation whatsoever tofurnish any maintenance and support services with respect to the mobileapplication; (3) in the event of any failure of the mobile application toconform to any applicable warranty, you may notify the applicable AppDistributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the mobileapplication, and to the maximum extent permitted by applicable law, the AppDistributor will have no other warranty obligation whatsoever with respect tothe mobile application; (4) you represent and warrant that (i) you are notlocated in a country that is subject to a U.S. government embargo, or that hasbeen designated by the U.S. government as a “terrorist supporting” country and(ii) you are not listed on any U.S. government list of prohibited or restrictedparties; (5) you must comply with applicable third-party terms of agreementwhen using the mobile application, e.g., if you have a VoIP application, thenyou must not be in violation of their wireless data service agreement whenusing the mobile application; and (6) you acknowledge and agree that the AppDistributors are third-party beneficiaries of the terms and conditions in thismobile application license contained in these Terms of Use, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application licensecontained in these Terms of Use against you as a third-party beneficiarythereof.

‍Social Media
‍Aspart of the functionality of the Site, you may link your account with onlineaccounts you have with third-party service providers (each such account, a“Third-Party Account”) by either: (1) providing your Third-Party Account logininformation through the Site; or (2) allowing us to access your Third-PartyAccount, as is permitted under the applicable terms and conditions that governyour use of each Third-Party Account. You represent and warrant that you areentitled to disclose your Third-Party Account login information to us and/orgrant us access to your Third-Party Account, without breach by you of any ofthe terms and conditions that govern your use of the applicable Third-PartyAccount, and without obligating us to pay any fees or making us subject to anyusage limitations imposed by the third-party service provider of theThird-Party Account. By granting us access to any Third-Party Accounts, youunderstand that (1) we may access, make available, and store (if applicable)any content that you have provided to and stored in your Third-Party Account(the “Social Network Content”) so that it is available on and through the Sitevia your account, including without limitation any friend lists and (2) we maysubmit to and receive from your Third-Party Account additional information tothe extent you are notified when you link your account with the Third-PartyAccount. Depending on the Third-Party Accounts you choose and subject to theprivacy settings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may beavailable on and through your account on the Site. Please note that if aThird-Party Account or associated service becomes unavailable or our access tosuch Third-Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the Site.You will have the ability to disable the connection between your account on theSite and your Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOURTHIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social NetworkContent for any purpose, including but not limited to, for accuracy, legality,or non-infringement, and we are not responsible for any Social Network Content.You acknowledge and agree that we may access your email address book associatedwith a Third-Party Account and your contacts list stored on your mobile deviceor tablet computer solely for purposes of identifying and informing you ofthose contacts who have also registered to use the Site. You can deactivate theconnection between the Site and your Third-Party Account by contacting us usingthe contact information below or through your account settings (if applicable).We will attempt to delete any information stored on our servers that wasobtained through such Third-Party Account, except the username and profilepicture that become associated with your account.

‍Submissions
‍Youacknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site or the Marketplace Offerings("Submissions") provided by you to us are non-confidential and shallbecome our sole property. We shall own exclusive rights, including allintellectual property rights, and shall be entitled to the unrestricted use anddissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions.

‍Third-Party Websites and Content
‍TheSite may contain (or you may be sent via the Site or the Marketplace Offerings)links to other websites ("Third-Party Websites") as well as articles,photographs, text, graphics, pictures, designs, music, sound, video,information, applications, software, and other content or items belonging to ororiginating from third parties ("Third-Party Content"). SuchThird-Party Websites and Third-Party Content are not investigated, monitored,or checked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third Party Websites accessed through the Site or anyThird-Party Content posted on, available through, or installed from the Site,including the content, accuracy, offensiveness, opinions, reliability, privacypractices, or other policies of or contained in the Third-Party Websites or theThird-Party Content. Inclusion of, linking to, or permitting the use orinstallation of any Third-Party Websites or any Third-Party Content doesnot imply approval or endorsement thereof by us. If you decide to leave theSite and access the Third-Party Websites or to use or install any Third-PartyContent, you do so at your own risk, and you should be aware these Terms of Useno longer govern. You should review the applicable terms and policies,including privacy and data gathering practices, of any website to which younavigate from the Site or relating to any applications you use or install fromthe Site. Any purchases you make through Third-Party Websites will be throughother websites and from other companies, and we take no responsibilitywhatsoever in relation to such purchases which are exclusively between you andthe applicable third party. You agree and acknowledge that we do not endorsethe products or services offered on Third-Party Websites and you shall hold usharmless from any harm caused by your purchase of such products or services.Additionally, you shall hold us harmless from any losses sustained by you orharm caused to you relating to or resulting in any way from any Third-PartyContent or any contact with Third-Party Websites.

‍Advertisers
‍Weallow advertisers to display their advertisements and other information incertain areas of the Site, such as sidebar advertisements or banneradvertisements. If you are an advertiser, you shall take full responsibilityfor any advertisements you place on the Site and any services provided on theSite or products sold through those advertisements. Further, as an advertiser,you warrant and represent that you possess all rights and authority to placeadvertisements on the Site, including, but not limited to, intellectualproperty rights, publicity rights, and contractual rights. As an advertiser,you agree that such advertisements are subject to our Digital MillenniumCopyright Act (“DMCA”) Notice and Policy provisions as described below, and youunderstand and agree there will be no refund or other compensation for DMCAtakedown-related issues. We simply provide the space to place suchadvertisements, and we have no other relationship with advertisers.

‍Site Management
‍Wereserve the right, but not the obligation, to: (1) monitor the Site forviolations of these Terms of Use; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Terms of Use,including without limitation, reporting such user to law enforcementauthorities; (3) in our sole discretion and without limitation, refuse,restrict access to, limit the availability of, or disable (to the extenttechnologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to removefrom the Site or otherwise disable all files and content that are excessive insize or are in any way burdensome to our systems; and (5) otherwise manage theSite in a manner designed to protect our rights and property and to facilitatethe proper functioning of the Site and the Marketplace Offerings.

‍Privacy Policy
‍Wecare about data privacy and security. Please review our Privacy Policy:https://influcio.com/privacy. By using the Site or the Marketplace Offerings,you agree to be bound by our Privacy Policy, which is incorporated into theseTerms of Use. Please be advised the Site and the Marketplace Offerings arehosted in the United States. If you access the Site or the MarketplaceOfferings from any other region of the world with laws or other requirementsgoverning personal data collection, use, or disclosure that differ fromapplicable laws in the United States, then through your continued use of theSite, you are transferring your data to the United States, and you agree tohave your data transferred to and processed in the United States.

‍Digital Millenium Copyright Act (DMCA) Notice and PolicyNotifications
‍Werespect the intellectual property rights of others. If you believe that anymaterial available on or through the Site infringes upon any copyright you ownor control, please immediately notify our Designated Copyright Agent using thecontact information provided below (a “Notification”). A copy of yourNotification will be sent to the person who posted or stored the materialaddressed in the Notification. Please be advised that pursuant to federal lawyou may be held liable for damages if you make material misrepresentations in aNotification. Thus, if you are not sure that material located on or linked toby the Site infringes your copyright, you should consider first contacting anattorney.AllNotifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) andinclude the following information: (1) A physical or electronic signature of aperson authorized to act on behalf of the owner of an exclusive right that isallegedly infringed; (2) identification of the copyrighted work claimed to havebeen infringed, or, if multiple copyrighted works on the Site are covered bythe Notification, a representative list of such works on the Site; (3)identification of the material that is claimed to be infringing or to be thesubject of infringing activity and that is to be removed or access to which isto be disabled, and information reasonably sufficient to permit us to locatethe material; (4) information reasonably sufficient to permit us to contact thecomplaining party, such as an address, telephone number, and, if available, anemail address at which the complaining party may be contacted; (5) a statementthat the complaining party has a good faith belief that use of the material inthe manner complained of is not authorized by the copyright owner, its agent,or the law; and (6) a statement that the information in the notification isaccurate, and under penalty of perjury, that the complaining party isauthorized to act on behalf of the owner of an exclusive right that isallegedly infringed upon.

‍CounterNotification
‍If youbelieve your own copyrighted material has been removed from the Site as aresult of a mistake or misidentification, you may submit a written counternotification to [us/our Designated Copyright Agent] using the contactinformation provided below (a “Counter Notification”). To be an effectiveCounter Notification under the DMCA, your Counter Notification must includesubstantially the following: (1) identification of the material that has beenremoved or disabled and the location at which the material appeared before itwas removed or disabled; (2) a statement that you consent to the jurisdictionof the Federal District Court in which your address is located, or if youraddress is outside the United States, for any judicial district in which we arelocated; (3) a statement that you will accept service of process from the partythat filed the Notification or the party's agent; (4) your name, address, andtelephone number; (5) a statement under penalty of perjury that you have a goodfaith belief that the material in question was removed or disabled as a resultof a mistake or misidentification of the material to be removed or disabled;and (6) your physical or electronic signature.If yousend us a valid, written Counter Notification meeting the requirementsdescribed above, we will restore your removed or disabled material, unless wefirst receive notice from the party filing the Notification informing us thatsuch party has filed a court action to restrain you from engaging in infringingactivity related to the material in question. Please note that if youmaterially misrepresent that the disabled or removed content was removed bymistake or misidentification, you may be liable for damages, including costsand attorney's fees. Filing a false Counter Notification constitutes perjury.

‍Term and Termination
‍TheseTerms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THERIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESSTO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDINGWITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANTCONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAYTERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGSOR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED ATANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If weterminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf ofthe third party. In addition to terminating or suspending your account, wereserve the right to take appropriate legal action, including withoutlimitation pursuing civil, criminal, and injunctive redress.

‍Modifications and Interruptions
‍Wereserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we haveno obligation to update any information on our Site. We also reserve the rightto modify or discontinue all or part of the Marketplace Offerings withoutnotice at any time. We will not be liable to you or any third party for anymodification, price change, suspension, or discontinuance of the Site or theMarketplace Offerings.Wecannot guarantee the Site and the Marketplace Offerings will be available atall times. We may experience hardware, software, or other problems or need toperform maintenance related to the Site, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend, discontinue,or otherwise modify the Site or the Marketplace Offerings at any time or forany reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability toaccess or use the Site or the Marketplace Offerings during any downtime ordiscontinuance of the Site or the Marketplace Offerings. Nothing in these Termsof Use will be construed to obligate us to maintain and support the Site or theMarketplace Offerings or to supply any corrections, updates, or releases inconnection therewith.

‍Governing Law
‍Theseterms shall be governed by and defined following the laws of Calikfornia,Influcio.Inc. and yourself irrevocably consent that the courts of the UnitedStates shall have exclusive jurisdiction to resolve any dispute which may arisein connection with these terms.
‍
‍Dispute ResolutionBindingArbitration
‍Anydispute arising out of or in connection with this contract, including anyquestion regarding its existence, validity, or termination, shall be referredto and finally resolved by the International Commercial Arbitration Court underthe European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring toit, is considered as the part of this clause

‍Restrictions
‍TheParties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitrationshall be joined with any other proceeding; (b) there is no right or authorityfor any Dispute to be arbitrated on a class-action basis or to utilize classaction procedures; and (c) there is no right or authority for any Dispute to bebrought in a purported representative capacity on behalf of the general publicor any other persons.

‍Exceptionsto Arbitration
‍TheParties agree that the following Disputes are not subject to the aboveprovisions concerning binding arbitration: (a) any Disputes seeking to enforceor protect, or concerning the validity of, any of the intellectual propertyrights of a Party; (b) any Dispute related to, or arising from, allegations oftheft, piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.

‍Corrections
‍Theremay be information on the Site that contains typographical errors,inaccuracies, or omissions that may relate to the Marketplace Offerings,including descriptions, pricing, availability, and various other information.We reserve the right to correct any errors, inaccuracies, or omissions and tochange or update the information on the Site at any time, without prior notice.

‍Disclaimer
‍THESITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOURSOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGSAND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THEMARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

‍Limitations of Liability
‍IN NOEVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANYTHIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OFDATA, PHYSICAL DAMAGE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THEMARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OURLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USDURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAINUS STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWSAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLYTO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

‍Indemnification
‍Youagree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, from and against any loss, damage, liability, claim, or demand,including reasonable attorneys’ fees and expenses, made by any third party dueto or arising out of: (1) your Contributions; (2) use of the MarketplaceOfferings; (3) breach of these Terms of Use; (4) any breach of yourrepresentations and warranties set forth in these Terms of Use; (5) yourviolation of the rights of a third party, including but not limited tointellectual property rights; or (6) any overt harmful act toward any otheruser of the Site or the Marketplace Offerings with whom you connected via theSite. Notwithstanding the foregoing, we reserve the right, at your expense, toassume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with ourdefense of such claims. We will use reasonable efforts to notify you of anysuch claim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.

‍User Data
‍Wewill maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Marketplace Offerings, as well as data relatingto your use of the Marketplace Offerings. Although we perform regular routinebackups of data, you are solely responsible for all data that you transmit orthat relates to any activity you have undertaken using the MarketplaceOfferings. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action againstus arising from any such loss or corruption of such data.

‍Electronic Communications, Transactions, and Signatures
‍Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OFELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirementsunder any statutes, regulations, rules, ordinances, or other laws in anyjurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any meansother than electronic means.

‍California Users and Residents
‍If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.

‍Miscellaneous
‍TheseTerms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible bylaw. We may assign any or all of our rights and obligations to others at anytime. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as are sult of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

‍Influencer Marketplace
‍Upon placing an order with an influencer on the influencer marketplace, influencers must submit the requested work through the site in order to receive their funds. Upon submission of work, the buyer will have 48 hours to ask for are vision from the influencer or dispute the work with Influcio, before the order is automatically closed and the money is paid to the influencer. If the influencer (seller) submits the required deliverables for the order, the brand(buyer) may not receive a refund for the order. All disputes are handled by the Influcio arbitration team. All dispute decisions are final and are at the sole discretion of the Influcio arbitration team. Influcio is not responsible for any lost product or funds. If you choose to send anything, such as physical product, to an influencer to assist them with the collaboration you are responsible with all costs associated with that Influcio can only pay influencers out via Dots, any other payment methods are not supported. If a buyer or seller chooses to take communication or transactions outside of the site, Influcio does not take any responsibility for the order.Influcio holds the right to refund any payment made to an influencer if we believe thereis valid reason to do so.In the event a product is shipped to an influencer and the work is not completed by the influencer. Influcio holds the right to charge the influencers credit cardon file for the amount of the cost of the product if we believe there is valid reason to do so.

‍Influencer Contract Generator
‍Influcio is not liable for any contracts created using the "influencer contract generator" or "influencer contract template".

‍Contact Us
‍In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the MarketplaceOfferings, please contact us at: hello@influcio.com