Terms Of Service

‍1. Acceptance of Terms

These Terms of Service (these “Terms”) govern your access to and use of the My Influency platform, including the application located at www.myinfluency.com and https://app.myinfluency.com, as well as any successor websites, subdomains, sub-sites, or mobile applications that reference these Terms (collectively, the “Services”). The Services are owned and operated by Influency, Inc. (the “Company,” “we,” “us,” or “our”).

The Services provide a platform through which Brands, Agencies, and Influencers may collaborate on social-media campaigns. For purposes of these Terms, “Brands” means owners of products or services, “Agencies” means marketing firms or consultants that engage influencers on behalf of their own clients, “Influencers” means individuals or entities that create promotional content, and “Users” means, collectively, Brands, Agencies, and Influencers.

The Services enable Users to create and manage campaigns, send and receive proposals, form agreements, coordinate campaign execution, and facilitate certain payments between Users. Access to certain features of the Services, particularly those used by Brands and Agencies, may require an active paid subscription.

1.1 Campaign and Proposal Structure

Campaigns available through the Services may include one or more brands, products, events, or promotional opportunities. Within a single campaign, a Brand or Agency may send individualized proposals to different Influencers. Each proposal may contain distinct terms, including deliverables, timelines, compensation, and usage rights.

Compensation is determined at the proposal level and may consist of monetary payment, non-monetary consideration (such as products, services, or access), a combination of both, or no compensation, in each case as expressly stated in the applicable proposal. The Services do not require uniform compensation across participants in a campaign.

1.2 Platform Role

The Services function as a marketplace and campaign management platform that facilitates communication, coordination, and certain transactions between Users. The Company is not a party to any agreement between Users and does not control, guarantee, or assume responsibility for the content of communications, the terms of any agreement, or the performance or non-performance of any User.

If you do not agree to these Terms, you may not access or use the Services. We may modify these Terms at any time. Material changes will be communicated through a conspicuous in-app notice or other appropriate means, and your continued use of the Services after such changes are posted constitutes your acceptance of the updated Terms.

If you access or use the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you have questions, please see Section 26 (Contacting Us) of the full Terms.

2. Limited License and Site Access; All Rights Reserved

Use of the Services is limited to individuals who are at least eighteen (18) years of age. Subject to your compliance with these Terms, and, where applicable, maintenance of any required subscription, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purposes.

This license permits personal and internal business use of the Services only and does not include the right to: (a) download (other than standard page caching), reproduce, modify, or create derivative works from the Services or any portion thereof without the Company’s express written consent; (b) resell, sublicense, or commercially exploit the Services or any My Influency Content; (c) use any data-mining, scraping, bots, or similar data-gathering or extraction methods; or (d) access or use the Services for purposes of building a competing product or service.

The Services may contain text, images, graphics, logos, user interface elements, software, and other materials (collectively, “My Influency Content”). My Influency Content does not include User Content, as defined in Section 3.

All right, title, and interest in and to the Services and My Influency Content, including all intellectual property rights therein, are owned by the Company or its licensors. Any software made available through the Services is licensed, not sold, to you.

You may not: (i) reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Services or My Influency Content without express written permission; (ii) frame or mirror any part of the Services; or (iii) use meta tags or hidden text utilizing the Company’s name, trademarks, or service marks without authorization.

Any unauthorized use of the Services automatically terminates the license granted under these Terms.

The Company may assign these Terms, in whole or in part, without restriction. You may not assign, transfer, or sublicense your rights under these Terms without the Company’s prior written consent.

All rights not expressly granted herein are reserved by the Company and its licensors.

3. Services

3.1 Campaign and Proposal Creation

Brands or Agencies may use the Services to create campaigns and send proposals containing campaign information and specific terms tailored to selected Influencers. These proposals describe opportunities to participate in marketing activities and may include details such as deliverables, timelines, compensation, product or service fulfillment, event participation, and usage rights.

Only Influencers selected by the applicable Brand or Agency may view and accept a given proposal. Upon receiving a proposal, an Influencer may review its terms and, if in agreement, accept the proposal.

3.2 User Content

Users may create, upload, share, or otherwise make available content on or through the Services (“User Content”). User Content may include text, graphics, images, audio, video, information, or other materials.

User Content may be created or shared by Influencers, Brands, or Agencies in connection with campaigns, proposals, or platform activity. Ownership, licensing, and usage rights relating to User Content are governed by these Terms and any applicable proposal or agreement between Users.

3.3 Agreement Establishment

Once an Influencer accepts a proposal, the applicable Brand or Agency will be notified and must complete the required finalization step in order to form a binding agreement.

Finalization may include: (a) completing a payment, where monetary compensation is specified; (b) confirming the proposal, where no payment is required at that stage; or (c) any other action designated by the platform as completing the agreement process.

A binding contract between the Brand or Agency and the Influencer is formed only after both of the following have occurred: (i) the Influencer accepts the proposal, and (ii) the Brand or Agency completes the required finalization step.

If the Brand or Agency does not complete the required action within the specified timeframe, the proposal may expire and neither party will have any further obligation with respect thereto.

During this process, Users may exchange information including names, social-media handles, contact details, links to User profiles, and campaign-related details and requirements.

3.4 Notifications

The Services may automatically send notifications relating to campaign and proposal activity, including proposal acceptance by an Influencer, agreement finalization by a Brand or Agency, and campaign updates or required actions.

By using the Services, you consent to receive such notifications. Notifications may be delivered via in-app messages, account postings, email, SMS, or push notifications.

3.5 Payment Procedures

Where a proposal includes monetary compensation, payment may be required in order to finalize the agreement. Payments are processed through third-party providers (e.g., Stripe), and Users agree to the terms and conditions of such providers.

By initiating or authorizing a payment through the Services, the applicable User authorizes the Company and its third-party payment processor to charge the designated payment method for the amount specified in the applicable proposal or related transaction flow. The Company is not a bank, money transmitter, or payment processor and does not independently store full payment card or bank account details.

For proposals involving monetary compensation, the Services may facilitate the collection, processing, transmission, holding, or release of funds in accordance with platform workflows, the applicable proposal terms, and any associated claim or dispute procedures. The timing of any release of funds may depend on factors including completion of deliverables, submission of required content, expiration of applicable claim periods, resolution of claims, or other platform-designated conditions.

Disputes arising directly from payment processing are subject to the applicable provider’s dispute-resolution procedures, although the Company may facilitate communication between Users in its discretion.

Where no monetary compensation is included, no payment is processed through the platform. Any non-monetary consideration, including products, services, or access, is the sole responsibility of the Brand or Agency, and monetary refunds are not guaranteed in such cases.

The Company does not guarantee payment, reimbursement, compensation, campaign performance, or any particular financial outcome in connection with any proposal, campaign, or agreement between Users.

3.6 Dispute and Claim Management

If issues arise regarding deliverables, fulfillment, or agreement terms, the Services provide a structured dispute and claim management system.

Users submitting claims must provide accurate and complete information. After reviewing a claim, the Company may, in its discretion: (a) issue full or partial refunds in cases involving monetary payments; (b) require corrective actions, including completion of deliverables or other remedies; (c) request additional information from either party; or (d) suspend or terminate accounts for serious or repeated violations.

The Company does not guarantee resolution of all disputes and may decline to intervene in certain cases.

3.7 Claims by Brands or Agencies

Brands or Agencies may submit claims for reasons including: (a) failure by an Influencer to submit agreed deliverables; (b) failure to perform after receiving required product, service, or access; or (c) submission of content that materially violates agreed terms or is intentionally harmful to the Brand or client.

Claims must generally be submitted within fourteen (14) days after: (i) the deliverable is submitted; or (ii) the end of the applicable execution timeframe, if no deliverable is submitted.

3.8 Claims by Influencers

Influencers may submit claims where a Brand or Agency fails to provide agreed compensation or required product, service, or access necessary to fulfill the proposal.

Claims must generally be submitted within fourteen (14) days after: (a) the last date in the applicable execution timeframe; or (b) the date the required fulfillment was expected.

3.9 Compensation-Sensitive Remedies

The availability and type of remedies may depend on the nature of the proposal, including whether monetary or non-monetary consideration was involved.

For proposals involving monetary payments, remedies may include refunds, whether full or partial. For proposals involving non-monetary consideration, remedies may include corrective actions, account penalties, or other non-monetary resolutions. Users acknowledge that remedies may vary depending on the structure of the applicable proposal.

4. Additional Terms

Certain features, services, account structures, or portions of the Services may be subject to separate or supplemental terms (“Additional Terms”). These may include, without limitation, subscription plans and pricing tiers, premium or enterprise features, analytics, reporting, or data tools, promotional or advertising tools, beta features or early-access functionality, integrations or third-party services, workspace functionality (including multi-user accounts, roles, and permission levels), and custom or enterprise agreements, order forms, or negotiated terms.

4.1 Subscription Billing, Renewal, Cancellation, and Refunds

Certain features of the Services, particularly those used by Brands and Agencies, require an active paid subscription. Subscription plans may vary based on features, usage limits, number of locations, number of clients, workspace functionality, number of users, or other criteria designated by the Company.

Subscriptions are billed on a recurring basis, as specified at the time of purchase or upgrade. By purchasing a subscription, you authorize the Company and its third-party payment processor to charge your designated payment method on a recurring basis for all applicable fees, taxes, and related charges unless and until the subscription is canceled.

Unless otherwise expressly stated at the time of purchase, subscriptions automatically renew at the end of each billing cycle at the then-current rate. You may cancel your subscription at any time through the available on-platform functionality or by contacting the Company. Unless otherwise specified, cancellation will take effect at the end of the then-current billing cycle, and you will retain access to the applicable subscription features until the expiration of the paid period.

Except as expressly stated in these Terms, in any applicable Additional Terms, or as required by law, subscription fees are non-refundable. The Company does not provide refunds or credits for partial billing periods, unused subscription time, downgrades, or failure to use the Services. Any refund, credit, or adjustment issued by the Company in a particular instance is made in the Company’s sole discretion and does not create any obligation to issue the same or similar refund, credit, or adjustment in the future.

If you upgrade a subscription, the upgrade may take effect immediately and you may be charged a prorated or adjusted amount for the remainder of the then-current billing cycle. If you downgrade a subscription, the downgrade may take effect at the end of the current billing cycle unless otherwise specified, and certain features, limits, or access rights may be reduced or removed at that time.

If a payment method fails, a charge is declined, or any amount remains unpaid, the Company may retry the charge, suspend or restrict access to subscription features, downgrade the applicable account or workspace, or terminate the subscription or related account access if payment remains unresolved. You remain responsible for all unpaid amounts.

The Company reserves the right to change subscription pricing, packaging, feature availability, usage limits, or billing terms at any time. Any such changes will apply prospectively and, where required by applicable law, will be communicated in advance. Continued use of the applicable subscription after such changes become effective constitutes acceptance of the updated pricing or billing terms.

4.2 Presentation of Additional Terms

Where Additional Terms apply, they will be presented to you through one or more of the following methods: (a) in-product at the point of access; (b) a click-through prompt; (c) an order form, subscription flow, or enterprise agreement; or (d) a webpage describing the relevant feature or service.

You may not access or use any feature, service, or account structure subject to Additional Terms unless you have reviewed and accepted such terms.

4.3 Workspace and Account Responsibility

If you create or administer a workspace or multi-user account, you are responsible for: (a) managing user access, roles, and permissions; (b) ensuring that all users within your workspace comply with these Terms and any applicable Additional Terms; and (c) all activity conducted under your workspace or account.

The Company may rely on role-based permissions and account designations within a workspace to determine authorized actions and is not responsible for internal misuse, misconfiguration, or unauthorized access resulting from user-controlled permission settings.

4.4 Subscription and Enterprise Terms

Certain features of the Services, particularly those used by Brands and Agencies, require an active subscription. Subscription-related terms, including pricing, billing, renewal, cancellation, refunds, feature access, and usage limits, are governed by these Terms, any applicable Additional Terms presented during the subscription or upgrade process, and any applicable order form or enterprise agreement.

For enterprise customers, the Services may also be governed by separately negotiated agreements, order forms, or statements of work. In such cases, those agreements may supplement or modify these Terms as expressly stated.

4.5 Hierarchy of Terms

If there is a conflict between these Terms and any applicable Additional Terms, including subscription terms, workspace terms, or enterprise agreements, the Additional Terms will control with respect to your use of the specific feature, service, or account structure to which they apply, but only to the extent of the conflict. All other provisions of these Terms will remain in full force and effect.

4.6 Incorporation by Reference

All Additional Terms that you accept are incorporated into and form part of these Terms as though fully set forth herein.

4.7 Modifications to Additional Terms

The Company may modify Additional Terms in accordance with the modification provisions set forth in Section 1. Continued use of the applicable feature, service, or account structure after updated Additional Terms are posted constitutes your acceptance of the revised terms.

4.8 Failure to Accept

If you do not agree to the applicable Additional Terms, you may not access or use the associated feature, service, or account structure. Your ability to use the remainder of the Services will not be affected, except to the extent that access to such features is required for your subscription plan or account functionality.

5. Ownership of the My Influency Content and Services

5.1 Copyright and Compilation Rights

Except as otherwise expressly stated, all content made available through the Services, excluding User Content (as defined in Section 3), including text, graphics, user interface elements, photographs, logos, button icons, audio, video, and software (collectively, “My Influency Content”), is the property of the Company or its third-party licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The compilation of all My Influency Content on the Services, including the selection, arrangement, and assembly of such content, is the exclusive property of the Company and is likewise protected by applicable intellectual property laws.

5.2 Limited Use; Restrictions

Subject to your compliance with these Terms, you may access and use My Influency Content solely for your personal or internal business use in connection with your permitted use of the Services.

Except as expressly authorized by the Company or the applicable rights holder, you may not: (a) copy, reproduce, distribute, transmit, display, perform, publish, license, sell, or otherwise exploit any My Influency Content; (b) modify, adapt, translate, or create derivative works from My Influency Content; (c) store or use My Influency Content for purposes unrelated to your use of the Services; or (d) remove, obscure, or alter any proprietary notices.

Any unauthorized use of My Influency Content may violate intellectual property, privacy, publicity, or other laws and may result in civil or criminal liability.

The Company does not represent or warrant that your use of My Influency Content will not infringe the rights of third parties.

5.3 User Content and Campaign Deliverables

User Content, including content created, submitted, or shared by Users in connection with campaigns or proposals (“Campaign Deliverables”), remains the property of the User who created it, unless otherwise specified in an applicable agreement between Users.

Ownership, licensing, and usage rights for Campaign Deliverables are determined by the terms set forth in the applicable proposal and resulting agreement between the Brand or Agency and the Influencer.

Such terms may include ownership transfer, license grants (whether exclusive or non-exclusive), scope of use, including specific platforms, channels, or locations where content may be used, duration and geographic limitations, and rights to modify, reproduce, or redistribute content.

Where a proposal specifies particular platforms, accounts, or destinations, including specific URLs or digital properties, for content usage, the granted rights are limited to those expressly defined unless otherwise stated.

Rights in Campaign Deliverables vest in accordance with the terms of the applicable proposal and upon completion of any required conditions specified therein, which may include payment, confirmation, or other designated actions.

The Company is not a party to such agreements and does not determine, enforce, or guarantee the scope of rights granted between Users.

5.4 Platform License to User Content

By submitting or making available User Content through the Services, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to host, use, reproduce, display, and distribute such content as necessary to operate, improve, and promote the Services.

5.5 Responsibility for Content Rights

Users are solely responsible for ensuring that they have all necessary rights, permissions, and licenses to upload, share, or use User Content, grant rights to other Users through proposals or agreements, and use any third-party content, including music, images, or trademarks.

The Company is not responsible for verifying ownership or rights and disclaims liability for any infringement arising from User Content or Campaign Deliverables.

5.6 Disputes Regarding Content Rights

Any disputes between Users regarding ownership, licensing, or usage of Campaign Deliverables are subject to the dispute resolution process described in Section 3 and, where applicable, the legal dispute provisions set forth in these Terms.

6. Ownership of Information Submitted via the Services

6.1 Non-Confidentiality of Submissions

Except as expressly stated in our Privacy Policy or in a separate written agreement with the Company, any communication or User Content submitted to or through the Services will be treated as non-confidential.

The Company is not obligated to compensate you for any use of User Content, nor to preserve, return, or make available any such content, except as required by applicable law.

6.2 License Granted to the Company

You retain ownership of your User Content. However, by uploading, posting, or otherwise making User Content available through the Services, you grant the Company a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, use, reproduce, modify, adapt, display, distribute, and promote such User Content as necessary to: (a) operate and provide the Services; (b) improve and develop the Services; (c) market and promote the Services; and (d) support campaign functionality and user interactions.

This license applies to User Content made available through the platform, regardless of the structure of any related campaign or proposal.

The Company will not grant rights in your User Content to other Users except as necessary to facilitate platform functionality or as otherwise authorized by you through proposals or agreements.

6.3 Responsibility for User Content; Indemnification

You are solely responsible for the User Content you submit, including ensuring that you have all necessary rights, permissions, and licenses to upload, share, and use such content.

Subject to our Privacy Policy and applicable law, you acknowledge that: (i) the Company may process, analyze, and derive data from User Content for purposes of operating and improving the Services, and (ii) the Company may use aggregated or anonymized data derived from User Content.

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, liabilities, damages, or expenses arising from your User Content, including any claim that such content infringes or violates the rights of a third party or applicable law.

6.4 Third-Party Content Accessed Through the Services

If you access or receive User Content belonging to another User or third party through the Services, you do not obtain any ownership rights in that content.

You may use such content only as authorized by the applicable proposal or agreement, the content owner, or these Terms.

You are solely responsible for any unauthorized use, disclosure, or misuse of such content and agree to indemnify the Company for any resulting claims or liabilities.

7. Digital Millennium Copyright Act (DMCA)

7.1 Notice of Claimed Infringement

If you are a copyright owner, or an authorized agent thereof, and believe that any User Content infringes your copyrights, you may submit a DMCA notification by providing our Copyright Agent, Kyle Painting, with the information required under 17 U.S.C. § 512(c)(3), including a physical or electronic signature, identification of the copyrighted work claimed to have been infringed, identification of the allegedly infringing material and information reasonably sufficient to permit the Company to locate it, contact information, a good-faith statement, and a statement under penalty of perjury that the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.

Designated Copyright Agent:

Kyle Painting
kyle.painting@myinfluency.com
3699 Lenox Rd NE
Atlanta, GA 30305
DMCA Registration # 1033139

Failure to include all required elements may render your DMCA notice invalid.

7.2 Counter-Notice

If you believe that your User Content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notice to the Copyright Agent containing your physical or electronic signature, identification of the material that has been removed or to which access has been disabled and the location where the material appeared before removal or disabling, a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled due to mistake or misidentification, and your name, address, telephone number, and email address, together with a statement that you consent to the jurisdiction of the federal courts located in Atlanta, Georgia and that you will accept service of process from the person who provided the DMCA notice.

If we receive a valid counter-notice, we will forward it to the original complainant. Unless the copyright owner files an action seeking a court order, we may, in our discretion, restore the removed content within ten (10) to fourteen (14) business days after receipt of the counter-notice.

8. Links

The Services may contain hyperlinks to third-party websites or resources that are not owned or controlled by the Company. You acknowledge and agree that the Company is not responsible or liable for the availability or accuracy of such external websites or resources, or the content, products, or services on or available from such websites or resources.

Links to third-party sites do not imply any endorsement by the Company, and you access them entirely at your own risk. You are solely responsible for, and assume all risk arising from, your use of any such external site, resource, content, product, or service.

8.1 Interaction with External Links

Any dealings you have with organizations or individuals found via third-party links, including payment and delivery of goods or services and any associated terms, warranties, or representations, are solely between you and such organization or individual. The Company strongly recommends that you conduct whatever investigation you deem necessary or appropriate before proceeding with any online or offline transaction with a third party. The Company will not be liable for any loss or damage arising from such dealings.

9. Advertisements

The Company may display advertisements within the Services, either on its own behalf or on behalf of third-party companies and individuals. By clicking an advertisement, you may be directed to the advertiser’s website or receive other messages, offers, or information from that advertiser.

The presence of third-party advertisements does not constitute an endorsement by the Company. You acknowledge and agree that the Company is not responsible or liable for the privacy practices of advertisers, the content of their websites, or any messages or offers they deliver.

You are solely responsible for all communications and transactions with advertisers. Any purchase, promotion, or interaction you undertake is strictly between you and the advertiser, and the Company will not be liable for any loss or damage arising therefrom.

10. Feedback

If you send or submit to the Company any creative ideas, suggestions, inventions, or other materials (“Feedback”): (a) the Company will own exclusively all now-known or later-discovered rights to such Feedback; (b) the Company will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of such Feedback; and (c) the Company will be entitled to unrestricted use of such Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

10.1 No Obligation for Use

While the Company values your input, you acknowledge and agree that the Company is not required to act on, use, or respond to any Feedback, nor to attribute it to you. You hereby release and forever discharge the Company from any claims you might assert in connection with the Company’s use, disclosure, or commercialization, in any medium or format, of any Feedback.

11. Privacy

Your privacy is important to us. The collection, use, and disclosure of your personal information is governed by the My Influency Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to our handling of information in accordance with that policy.

We reserve the right to store all information transmitted via the Services and to use it in accordance with the Privacy Policy.

We may modify the Privacy Policy from time to time, and the revised version will become effective upon posting on the Site. You are encouraged to review the Privacy Policy periodically for updates. If you disagree with anything in the Privacy Policy, you should discontinue using the Services.

11.1 User Obligations

It is your responsibility to review the Privacy Policy and stay informed of any modifications. If a modification is unacceptable to you, you must cease using the Services. Your continued use after a revised Privacy Policy is posted constitutes your acceptance of the changes.

11.2 Information Security

While we implement technical, administrative, and physical safeguards designed to protect personal data from unauthorized access, disclosure, use, or modification, no method of transmission or storage is completely secure. You therefore transmit information at your own risk, and the Company cannot guarantee absolute security.

11.3 Compliance with Data Protection Laws

We are committed to compliance with applicable data protection and privacy laws, including the California Consumer Privacy Act (CCPA). Please review our Privacy Policy to understand your rights and our obligations under such laws.

12. Connection Requirements

You are solely responsible, at your own risk and expense, for providing and maintaining any hardware, software, and communication lines, including a computer, smartphone, tablet, operating system, browser, and internet or cellular data service, required to access and use the Services. The Company may change the technical access configuration of the Services at any time without prior notice.

12.1 Service Interruptions

Because the internet and cellular networks are inherently imperfect, disruptions, slowdowns, or outages may occur that affect your ability to access or use the Services. While we strive to keep the platform available and functional, the Company cannot guarantee uninterrupted or error-free service and will not be liable for any loss or damage resulting from such interruptions.

12.2 Software Updates

From time to time, we may require Users to install updates or upgrades, including security patches, bug fixes, new features, or revised interfaces, in order to continue accessing and using the Services. It is your responsibility to install such updates promptly; failure to do so may impair functionality or security.

12.3 Security

You are responsible for ensuring that any hardware, software, or systems you use to access the Services are secure and free of viruses, malware, and other malicious code. The Company is not liable for any damage or loss resulting from your failure to adequately secure your systems.

13. Profiles and Accounts

13.1 Profiles

When you register for access to the Services and complete the account creation process, you become a User. As a User, you may create a profile (“Profile”) and add information, data, and images to it (“Profile Content”).

You are solely responsible for maintaining and protecting your Profile Content. The Company is not liable for any loss, corruption, or inaccuracy of Profile Content, nor for any costs associated with backing up or restoring such content.

Any information you include in your Profile, or otherwise make available through the Services, may be visible to other Users as part of the platform’s functionality. You acknowledge that such sharing is initiated by you and is not considered a disclosure by the Company.

You are responsible for ensuring that your Profile Content and use of the Services comply with all applicable laws and regulations.

13.2 Accounts

13.2.1 Account Creation and Verification

To access the Services, you must register an account (“Account”). Account approval may be subject to verification by the Company.

You agree to: (a) provide accurate, current, and complete registration information and keep it updated; (b) maintain the security of your login credentials; and (c) promptly notify the Company of any unauthorized use of your Account.

The Company reserves the right to suspend or terminate any Account containing inaccurate, incomplete, or misleading information.

13.2.2 Account Use and Security

You are responsible for all activity that occurs under your Account.

You may not: (i) sell, transfer, license, or assign your Account or any associated rights; (ii) use another User’s credentials or allow unauthorized access to your Account; or (iii) create an Account on behalf of another person or entity without authorization.

The Company is not liable for any loss or damage arising from unauthorized access resulting from your failure to secure your Account.

13.2.3 Workspaces, Teams, and Permissions

Accounts may be part of a workspace or multi-user environment that includes multiple Users with different roles and permission levels.

If you create, administer, or control a workspace, you are responsible for: (a) managing user access, roles, and permissions; (b) ensuring that all users within your workspace comply with these Terms and any applicable Additional Terms; and (c) all activity conducted within your workspace.

The Company may rely on role-based permissions and account designations within a workspace to determine authorized actions and is not responsible for internal misuse, misconfiguration, or unauthorized activity resulting from user-controlled permission settings.

13.3 Agreements and User Responsibility

Users may enter into agreements with other Users through the proposal and acceptance processes described in Section 3.

Each finalized proposal constitutes a separate agreement between the applicable Users. Such agreements may address matters including deliverables, timelines, compensation, product, service, or access fulfillment, and usage rights or content permissions, as described in the applicable proposal.

You are solely responsible for understanding and fulfilling your obligations under any such agreement. Failure to perform under an agreement may result in actions under the Company’s dispute resolution process, including under Section 3.6, and may impact your Account, workspace, or access to the Services.

14. User Responsibilities

14.1 Responsibility for Equipment

Use of the Services may require a computer, smartphone, tablet, or other device. Unless otherwise agreed in writing, all equipment, software, and services are provided solely by Users. The Company has no responsibility for the operation, support, maintenance, or repair of any hardware, software, or services used to access the Services.

14.2 Third-Party Networks and Carriers

The Services rely on internet and/or cellular networks provided by third-party carriers. Such networks may experience outages, delays, or disruptions, which may affect your ability to access or use the Services.

The Company is not responsible for such interruptions and is not obligated to provide the Services during periods of network unavailability. Changes in applicable laws or regulations affecting such networks may also impact the availability or functionality of the Services.

14.3 Compliance with Laws and Platform Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

Without limitation, you agree that you will not engage in any of the following:

14.3.1 Prohibited Content and Conduct

Uploading or transmitting content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; violating the privacy or publicity rights of others; creating false identities, impersonating others, or misrepresenting your affiliation with any person or entity; or uploading or sharing content you do not have the right to use or distribute.

14.3.2 Malicious or Disruptive Activity

Uploading or transmitting viruses, malware, or other harmful code; interfering with or disrupting the Services, servers, or networks; attempting to gain unauthorized access to systems, accounts, or data; or probing, scanning, or testing the vulnerability of the Services or related systems.

14.3.3 Data Misuse and Unauthorized Access

Accessing or attempting to access data not intended for you; using data scraping, bots, or automated tools to collect information; or harvesting or collecting information about other Users without authorization.

14.3.4 Commercial Misuse

Using the Services or My Influency Content for unauthorized commercial purposes or reselling or exploiting any portion of the Services without permission.

14.3.5 Communications Misuse

Sending unsolicited communications, including spam, promotional messages, or chain letters, or using communication tools in a way that disrupts other Users’ experience.

14.3.6 Legal and Regulatory Compliance

Violating any applicable local, state, national, or international law, or infringing any intellectual property or proprietary rights.

Users participating in campaigns must comply with all applicable advertising, endorsement, and disclosure laws and guidelines, including those of the Federal Trade Commission, where applicable.

14.4 Company Enforcement Rights

The Company reserves the right to investigate and take any lawful action in response to actual or suspected violations of these Terms, including removing content, suspending or terminating Accounts or workspaces, restricting access to the Services, and cooperating with law enforcement or regulatory authorities.

Subject to the Privacy Policy and applicable law, the Company may disclose information as necessary to comply with legal obligations, enforce these Terms, or protect the rights, property, or safety of the Company, Users, or others.

15. Termination

The Company may, in its sole discretion and without liability to you, suspend or terminate your access to the Services, your Account, or any workspace at any time, with or without cause and with or without prior notice.

Grounds for suspension or termination may include, without limitation: (a) failure to perform obligations under any agreement formed through the Services; (b) failure to provide agreed deliverables, compensation, or required product, service, or access; (c) violation of these Terms or any Additional Terms; (d) suspected fraudulent, abusive, or illegal activity; (e) misuse of the Services, including violation of platform policies or misuse of data; (f) failure to maintain an active subscription where required, including nonpayment, failed renewal, or unresolved billing issues; or (g) requests by law enforcement or other governmental authorities.

You may cancel your Account at any time by following the available on-platform processes or by contacting the Company.

Upon suspension or termination, your access to the Services may be restricted or revoked, the Company will not be obligated to delete, return, or make available any User Content except as required by law, and any active agreements between Users will remain the responsibility of the applicable parties.

Termination does not affect any rights or obligations that arose prior to the effective date of termination or that, by their nature, are intended to survive termination, including indemnification, limitation of liability, and dispute resolution provisions.

16. Internet Risks

You acknowledge that applications, systems, and devices connected to the Internet are exposed to inherent risks, including malicious code, viruses, hackers, and other hostile actors, software, or systems. The Company will not be liable for: (a) any applications you access or download using the Services; or (b) the acts or omissions of any third party that may affect your use of the Services.

You further understand and agree that no data transmitted over the Internet can be guaranteed to be completely secure, and the Company does not warrant or guarantee that any data submitted to or transmitted through the Services will be free from unauthorized disclosure, access, misappropriation, or intrusion. Accordingly, you transmit information at your own risk and are responsible for taking appropriate precautions, including using up-to-date security software, secure networks, and strong passwords, when accessing the Services.

17. Right to Monitor

The Company does not, under normal circumstances, actively monitor general use of the Services or exercise editorial control over the content of any third-party website, email transmission, news group, or other material created or accessible over or through the Services. Notwithstanding the foregoing, the Company reserves the right, at any time and in its sole discretion, to: (a) monitor any use of the Services it deems appropriate; (b) review, edit, refuse to post, or remove any information or materials, in whole or in part; and (c) disclose any information necessary to satisfy applicable law, regulation, legal process, or governmental request, or as otherwise permitted by the Privacy Policy.

The Company may remove materials that, in its sole judgment: (i) are illegal; (ii) may subject the Company to liability; (iii) violate these Terms; or (iv) are inconsistent with the purpose of the Services.

17.1 Proposal and Agreement Monitoring

In order to maintain platform integrity and support a reliable environment for Users, the Company may review and monitor proposals, agreements, and related activity conducted through the Services. Such monitoring may include review of proposal terms and structure, agreement formation activity, compliance with these Terms and platform guidelines, and information relevant to disputes or claims.

The Company does not act as a party to agreements between Users and does not guarantee performance by any User. Any monitoring conducted by the Company is solely for purposes of platform operation, policy enforcement, and dispute resolution. By using the Services, you acknowledge and consent to such monitoring.

18. Disclaimer

18.1 Informational Nature of My Influency Content

My Influency Content and other information contained in the Services are provided as a convenience to Users and are not intended to constitute professional advice or recommendations upon which any User may rely. Although the Company uses reasonable efforts to collect and provide quality information, the Company makes no warranty or guarantee regarding the accuracy, completeness, or adequacy of any My Influency Content or linked information. Users rely on such content at their own risk.

18.2 No Warranties; “As Is” / “As Available” Service

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MY INFLUENCY CONTENT AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE OPERATION, OR FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company does not warrant that the Services will be accurate, timely, secure, uninterrupted, or error-free, or that any defects will be corrected.

Where disputes arise in connection with campaigns, the availability of monetary remedies depends on the terms of the applicable proposal and whether monetary payment was involved. Where no monetary payment is processed through the Services, financial remedies may not be available, and resolution may be limited to non-monetary actions as described in Section 3 of the full Terms.

18.3 User Content Outside Company Control

The Company cannot and does not control User Content. The Company disclaims any and all liability relating to such content, including compliance with applicable laws, regulations, and guides, such as FTC endorsement guidelines. Any agreement between a Brand or Agency and an Influencer is entered into solely at the parties’ own risk.

18.4 Non-Endorsement

The Company does not endorse any Brand, Agency, Influencer, or the products or services they offer. Decisions to collaborate, and any outcomes arising therefrom, are strictly between the contracting parties. The Company will not be liable for any direct or indirect consequences arising from such collaborations.

19. Limitation of Liability

19.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES; (C) ANY AGREEMENTS, TRANSACTIONS, OR INTERACTIONS BETWEEN USERS, INCLUDING ANY FAILURE TO PERFORM UNDER SUCH AGREEMENTS; (D) ANY ACTION TAKEN IN CONNECTION WITH INVESTIGATIONS BY LAW ENFORCEMENT OR OTHER AUTHORITIES; (E) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR SECURITY INCIDENTS AFFECTING THE SERVICES; OR (F) ANY DAMAGE TO YOUR DEVICES, SYSTEMS, OR DATA RESULTING FROM YOUR USE OF THE SERVICES.

THE COMPANY IS NOT RESPONSIBLE FOR THE PERFORMANCE OR NON-PERFORMANCE OF ANY USER OR FOR ANY OUTCOMES ARISING FROM CAMPAIGNS, PROPOSALS, OR AGREEMENTS BETWEEN USERS.

19.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) IF YOU HAVE NOT PAID ANY AMOUNT TO THE COMPANY, FIFTY U.S. DOLLARS (US $50), WHICHEVER IS GREATER.

19.3 Essential Basis of the Bargain; Certain State Laws

You acknowledge and agree that the limitations of liability set forth in this Section are an essential basis of the agreement between you and the Company and will apply even if any limited remedy fails of its essential purpose.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of certain damages. To the extent such laws apply to you, some of the limitations set forth herein may not apply, and you may have additional rights.

20. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, contractors, agents, representatives, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms or any Additional Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any User Content you submit, post, or transmit through the Services; or (e) any agreement, transaction, or interaction between you and another User, including any failure to perform obligations under a proposal or agreement.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with the Company in asserting any available defenses.

20.1 Survival

This Section will survive the termination or expiration of your use of the Services and these Terms.

21. User Disputes

The Services provide tools to facilitate communication, coordination, and dispute resolution between Users. The Company is not a party to any agreement between Users and does not act as a court of law or formal arbitrator.

21.1 Platform Dispute Resolution

If a dispute arises between Users, the Company may, in its discretion, review the matter and take actions intended to support platform integrity, including: (a) issuing full or partial refunds for transactions processed through the Services; (b) requiring corrective actions, such as submission or removal of deliverables; (c) restricting, suspending, or terminating Accounts or workspace access; or (d) requesting additional information from the involved parties.

Any actions taken by the Company are for platform governance purposes only and do not constitute a legal judgment or determination of fault.

21.2 User Responsibility and Release

You acknowledge and agree that any agreement formed through the Services is solely between the participating Users. To the maximum extent permitted by law, you release the Company and its affiliates from any and all claims, demands, and damages, whether direct or indirect, known or unknown, arising out of or relating to disputes between Users or between a User and any third party.

21.3 Unresolved Disputes

If a dispute is not resolved through the Services, Users are responsible for pursuing resolution independently through appropriate legal or dispute resolution channels, including mediation, arbitration, or court proceedings, as applicable.

21.4 Notice and Informal Resolution

Before initiating formal legal proceedings, you agree first to contact the Company and attempt to resolve the issue informally. The Company may provide notices or communications regarding disputes via email or through the Services, and such notices will be deemed received upon transmission or posting.

21.5 No Liability for User Interactions

The Company is not responsible for the conduct, actions, or omissions of any User. You are solely responsible for evaluating and engaging with other Users and for any outcomes arising from such interactions.

22. Social Media Platforms and Third-Party Integrations

22.1 Third-Party Platform Integration

The Services may integrate with or rely upon third-party platforms and services, including Instagram, Facebook, TikTok, X (Twitter), LinkedIn, and YouTube (collectively, “Third-Party Platforms”). By connecting your account or otherwise interacting with Third-Party Platforms through the Services, you acknowledge and agree that: (a) your use of such platforms is governed by their respective terms and privacy policies; (b) the Company does not control and is not responsible for the availability, functionality, or policies of any Third-Party Platform; and (c) the Company may access, collect, and display certain data made available through such platforms, including profile information, engagement metrics, audience data, and content, as permitted by the applicable platform and your authorization.

The Company is not responsible for any changes to Third-Party Platforms that may affect the availability, accuracy, or functionality of the Services.

22.2 Social Media Content and Submissions

Any content, information, or materials obtained from or shared through Third-Party Platforms (“Social Media Content”) may be displayed, analyzed, or used within the Services in connection with campaigns, proposals, profiles, or performance metrics. You acknowledge that such content may be publicly accessible or subject to third-party platform controls, that the Company cannot guarantee the accuracy, completeness, or continued availability of such content, and that you share or connect such content at your own risk.

22.3 Platform Dependency Disclaimer

The Services depend in part on Third-Party Platforms and APIs. The Company does not guarantee that integrations with such platforms will be uninterrupted, error-free, or continuously available. The Company will not be liable for any loss, damage, or disruption caused by: (a) changes to Third-Party Platform APIs, policies, or functionality; (b) suspension or restriction of your account by a Third-Party Platform; or (c) inaccuracies or delays in data provided by Third-Party Platforms.

22.4 Public and Interactive Features

If the Services include any public or semi-public features, such as profiles, campaign listings, or shared content, you acknowledge that any information you choose to share may be visible to other Users or third parties. You are solely responsible for any content you choose to make available in such areas and should avoid sharing sensitive or confidential information. The Company does not guarantee the privacy or security of any content shared in public or interactive areas.

23. Electronic Communications

23.1 Consent to Electronic Communications

By accessing or using the Services, you consent to receive communications from the Company in electronic form. Such communications may include agreements, notices, disclosures, updates, security alerts, and administrative messages. The Company may communicate with you by email sent to the address associated with your Account, in-app notifications or messages within the Services, SMS or text messages where applicable and consented to, or push notifications or other electronic means.

You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

23.2 Timing of Communications

Electronic communications will be deemed received: (a) at the time of transmission, if sent via email, SMS, or push notification; or (b) at the time of posting or delivery within the Services, for in-app notifications.

23.3 Account and Workspace Responsibility

You are responsible for ensuring that your contact information is accurate, complete, and up to date. If you access the Services through a workspace or organization, you acknowledge that communications delivered to your Account or made available within the workspace may be visible to authorized team members and may be deemed delivered to the applicable organization.

The Company will not be responsible for any failure to receive communications due to outdated, incorrect, or inaccessible contact information.

23.4 No Liability for Communication Failures

The Company will not be liable for any delay, failure, or inability to deliver communications due to factors outside its reasonable control, including email filtering, network issues, carrier limitations, or third-party service disruptions.

24. General Provisions

24.1 Entire Agreement

These Terms of Service, the Privacy Policy, and any other policies the Company posts on the Services constitute the entire agreement between the Company and you regarding your use of the Services and the My Influency Content and supersede any prior agreements between the parties concerning the same subject matter.

24.2 Governing Law; Jurisdiction; Venue; Severability

These Terms are governed by the laws of the State of Georgia, USA, and applicable United States federal law, without regard to conflict-of-law principles. Any legal proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Atlanta, Georgia, USA, and the parties hereby consent to the personal jurisdiction and venue of such courts.

All parts of these Terms apply to the maximum extent permitted by law. If a court of competent jurisdiction finds any provision unenforceable, that provision will be replaced by terms that most closely match the intent of the unenforceable provision, and the invalidity of any part of these Terms will not affect the validity and enforceability of the remaining provisions. Section headings are for convenience only and have no legal effect.

24.3 No Agency Relationship

Nothing in these Terms, or in any My Influency Content, materials, or features of the Services, creates a partnership, joint venture, employment, or other agency relationship between you and the Company. You may not enter into any contract on behalf of the Company or otherwise bind the Company in any manner.

24.4 Time Limitation on Claims

Any claim arising out of or relating to your use of the Services, or your relationship with the Company, must be filed within one (1) year after the claim arose, or such claim will be permanently barred. This one-year limitation does not apply to the fourteen (14)-day windows for campaign-related claims described in Sections 3.7 and 3.8 of the full Terms.

24.5 Remedies

You agree that any violation, or threatened violation, of these Terms constitutes an unlawful and unfair business practice that will cause the Company irreparable harm. Monetary damages may be inadequate; therefore, the Company is entitled to injunctive or equitable relief in addition to any other legal remedies available to it. Such remedies are cumulative and not exclusive.

25. Dispute Resolution; Arbitration Agreement

25.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the breach, termination, enforcement, interpretation, or validity thereof, will be resolved through binding arbitration, except as otherwise expressly provided herein.

25.2 Informal Resolution and Mediation

Before initiating arbitration, the parties agree first to attempt to resolve any dispute informally by contacting the Company. If the dispute cannot be resolved informally, either party may request non-binding mediation administered by the American Arbitration Association (“AAA”) under its applicable mediation procedures.

25.3 Arbitration Rules and Forum

Any dispute not resolved through informal resolution or mediation will be finally resolved by binding arbitration administered by the AAA in accordance with its applicable rules. The arbitration will take place in Atlanta, Georgia, USA, unless otherwise agreed by the parties. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

25.4 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ALL CLAIMS WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

25.5 Arbitration Procedures

The arbitrator will have the authority to grant any relief that would be available in court under applicable law. The arbitration will be conducted by a single arbitrator unless otherwise required by the AAA rules. The arbitrator will issue a written, reasoned decision upon request of either party.

25.6 Fees and Costs

Payment of arbitration fees will be governed by the applicable AAA rules. Each party will bear its own attorneys’ fees and costs unless otherwise required by applicable law or determined by the arbitrator.

25.7 Confidentiality

To the extent permitted by law, the parties agree to maintain the confidentiality of the arbitration proceedings, including the existence, content, and outcome of the dispute.

25.8 Exceptions

Nothing in this Section will prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction or bringing claims in small claims court, where applicable.

25.9 Survival

This Section will survive termination of these Terms and your use of the Services.

26. Contacting Us

If you have any questions, concerns, or requests regarding these Terms of Service, or any other aspect of the Services, please contact the Company using one of the methods below. The Company will make reasonable efforts to respond promptly after receiving your inquiry.

Email: kyle.painting@myinfluency.com

Mailing Address:
Influency, Inc.
3699 Lenox Rd NE, Apt. 508
Atlanta, GA 30305
United States

27. App Store Terms of Use

The following terms apply to any My Influency mobile application (the “App”) accessed through or downloaded from an app store or distribution platform, such as a Company portal, the Apple App Store, or Google Play, where the App is or may in future be made available (each, an “App Provider”). By obtaining the App, you acknowledge and agree as follows:

27.1 Relationship with the App Provider

These Terms are concluded between you and the Company, and not with the App Provider. Except to the extent an App Provider and the Company are one and the same, the Company, and not the App Provider, is solely responsible for the App.

27.2 License Scope on Apple Devices

If you obtain the App from the Apple App Store, any licenses granted hereunder are limited to a license to use the App on any Apple-branded products you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, including use by other accounts via Family Sharing or volume purchasing.

27.3 Maintenance and Support

Unless expressly stated otherwise by the App Provider, the App Provider has no obligation to furnish maintenance or support services for the App.

27.4 Warranty Claims

If the App fails to conform to any applicable warranty, and the App Provider is not the Company, you may notify the App Provider and it will refund the purchase price, if any, for the App. To the maximum extent permitted by law, the App Provider will have no other warranty obligation with respect to the App, and all other claims, losses, liabilities, damages, costs, or expenses, beyond the purchase price, are the sole responsibility of the Company in accordance with these Terms.

27.5 Product Claims

If the App Provider is not the Company, the App Provider is not responsible for addressing any of your claims, or claims of any third party, relating to the App or your possession and use of the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, or claims arising under consumer-protection or similar legislation.

27.6 Intellectual-Property Claims

If a third party claims that the App, or your possession and use of the App, infringes that third party’s intellectual-property rights, the Company will be solely responsible for investigating, defending, settling, and discharging any such claim, to the extent required by these Terms.

27.7 Third-Party Beneficiary

To the extent the App Provider is not the Company, the App Provider and its subsidiaries are third-party beneficiaries of this Section 27. Upon your acceptance of these Terms, the App Provider will have the right, and will be deemed to have accepted the right, to enforce this Section against you as a third-party beneficiary.

27.8 Compliance with Third-Party Terms

You must comply with all applicable third-party terms of service when using the App.

27.9 U.S. Government Export Restrictions

You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

27.10 Apple-Specific Third-Party Beneficiary Clause

If you obtained the App from the Apple App Store, you acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of the sections of these Terms applicable to the App. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce the applicable End-User License Agreement against you as a third-party beneficiary.

28. Influencer and Content Guidelines

My Influency believes in the full, fair, and effective disclosure of material facts relating to the relationship between Brands, Agencies, and Influencers, in accordance with the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (the “FTC Guides”). Accordingly, Influencers must follow the FTC Guides and the guidelines set forth below when publishing User Content about a Brand’s or Agency’s products or services. By using the Services as an Influencer, you agree to comply with these Guidelines in addition to the Terms of Service.

28.1 Respect Intellectual-Property Rights

Intellectual property includes copyrights, trademarks, trade secrets, and rights of publicity, including name, likeness, and voice. You must not post or share content containing third-party intellectual property without written permission from the applicable rights holder. This includes refraining from posting works you do not own or have not been licensed or otherwise authorized to use, obtaining releases from individuals featured in photographs or videos where required, and consulting the Brand or Agency before posting where uncertainty exists, particularly regarding logos, music, film or television clips, or celebrity images. When in doubt, do not post.

28.2 Disclose Your Connection to the Brand or Agency

When blogging, vlogging, or posting about a Brand, Agency, or their products or services, you must clearly and conspicuously disclose your material connections. Such material connections may include monetary compensation, free products, in-kind gifts, or special access.

You must use appropriate disclosure language or hashtags, such as #ad, #sponsored, #gifted, #inKind, or #paid, as required by the FTC Guides and the applicable Brand or Agency. If the Brand or Agency provides recommended disclosure language, you should follow such guidance; however, compliance remains your responsibility.

28.3 Maintain Clear and Prominent Disclosure

Disclosures must be placed close to your endorsement statement so that consumers cannot miss them. Disclosures must not be buried among numerous hashtags or hidden behind links. On platforms with character limitations, such as X/Twitter, disclosures such as #ad or #sponsored should appear at the beginning of the post where possible. Consumers should not be required to click “See More,” scroll, or hover in order to view the disclosure.

28.4 Give Honest and Truthful Opinions

Your statements must reflect your genuine opinions and actual experiences. If a statement is not your own view but consists of language requested by the Brand or Agency, that should be made clear.

28.5 Only Make Verifiable Factual Claims

You may make factual statements about a Brand or product only if you know such statements are true and can substantiate them. Implied claims are also subject to this requirement.

28.6 No Unauthorized Email Marketing

Unless expressly requested by the Brand or Agency, you must not send email messages on their behalf. The Brand or Agency will not compensate you for unrequested emailing.

28.7 Comply with Other Policies and Laws

You must follow the terms, conditions, and community guidelines of every platform you use, as well as all applicable laws. If a platform prohibits commercial content, you must not promote a Brand through that platform.

28.8 Protect Your Personal Information

Because your posts may be public, you should avoid sharing personal or sensitive information about yourself or your family that you do not want to be widely available.

28.9 Respect Others’ Privacy

You must not post personal information about anyone else unless they have voluntarily made it public and have given you permission to do so. You must not engage in doxxing or similar conduct.

28.10 User-Generated Content (UGC) Responses

You may respond to user-generated content relating to a Brand only with pre-approved responses provided by the Brand or Agency. If you encounter user-generated content that contains a complaint, issue, or question, you should consult the Brand or Agency before replying.

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