BrandFluenze – Terms and Conditions
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Brandfluenze ("we," "us," or "our"), concerning your access to and use of the https://www.brandfluenze.com/ website as well as any other media form, media channel, or service related, linked, or otherwise connected thereto (collectively, the “Service”).
You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service 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 at any time and for any reason.
2. Description of Service
Brandfluenze provides a platform to act as a facilitator connecting brands seeking to promote their products or services ("Brands") and social media influencers seeking collaborations ("Influencers"). Our Service utilizes an automated system, which may be initiated through third-party platforms (e.g., Meta's WhatsApp, Instagram), to gather information to present potential partnership opportunities.
Brandfluenze is strictly a facilitator and is not a party to any agreement, contract, or transaction between Brands and Influencers. We make no representations or warranties regarding the quality, safety, legality, or outcome of any collaboration. All due diligence and contractual arrangements are the sole responsibility of the users.
3. Intellectual Property Rights
Unless otherwise indicated, the Service is our proprietary property. All source code, databases, functionality, software, website designs, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.
Content you submit to us (such as brand assets, campaign details, or an influencer portfolio) ("User Content") remains your property. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display that content in connection with providing and promoting the Service.
4. User Representations & Warranties
By using the Service, you represent and warrant that:
- All registration and profile information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity to, and you agree to comply with, these Terms.
- You are not a minor in the jurisdiction in which you reside.
- Your use of the Service will not violate any applicable law, regulation, or contractual obligation.
5. Prohibited Activities
You may not access or use the Service for any purpose other than that for which we make the Service available. As a user, you agree not to:
- Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Use the Service to advertise or offer to sell goods and services outside of its intended purpose.
- Engage in unauthorized framing of or linking to the Service.
- Attempt to impersonate another user or person.
- Use any information obtained from the Service in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us.
6. User-Generated Contributions
The Service allows you to provide information about yourself, your brand, or your influencer profile. You are solely responsible for your contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. We have the right, in our sole and absolute discretion, to remove or edit any of your contributions at any time and for any reason without notice.
7. Disclaimers
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. WE ARE NOT RESPONSIBLE FOR THE OUTCOME OF ANY COLLABORATION OR AGREEMENT MADE BETWEEN BRANDS AND INFLUENCERS.
8. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Term and Termination
These Terms shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
10. Governing Law & Dispute Resolution
These Terms and your use of the Service are governed by and construed in accordance with the laws of India applicable to agreements made and to be entirely performed within the State of Gujarat, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Surat, Gujarat, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
11. Miscellaneous
These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
12. Contact Us
To resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact us at contact@brandfluenze.com