Terms Of Service

1  Acceptance of Terms

These Terms of Service ('Terms') govern your use of the MyInfluency application located at www.myinfluency.com and https://app.myinfluency.com, including 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. (“Company,” “we,” or “our”).

The Services provide a way for:

• Brands – owners of products or services,
• Agencies – marketing firms or consultants that hire influencers on behalf of their own end‑clients, and
• Influencers – individuals or entities engaged to create promotional content

to collaborate on social‑media campaigns. Brands, Agencies, and Influencers are collectively “Users.”

Campaign types

• Paid Campaign – the Brand or Agency pays monetary compensation to the Influencer through the Services.
• Unpaid Campaign – the Influencer receives non‑monetary consideration (e.g., complimentary goods or services) in lieu of cash.

The Services are only a communication channel; the Company is not a party to any agreement between Users and is not liable for the content of communications or the fulfillment or breach of any agreement.

If you do not agree to every term herein, do not use the Services. We may modify these Terms at any time; substantial revisions will appear in a conspicuous in‑app notice, and continued use after posting signifies acceptance. If you use the Services on behalf of an entity, you warrant that you are authorized to bind that entity.

If you have questions, see § 26 Contacting Us.

‍

2  Limited License and Site Access; All Rights Reserved

Use of the Services is limited to persons 18 years of age or older. Subject to your compliance with these Terms of Service, Company hereby grants you a limited license to access and make personal use of these Services, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company (e.g., downloading of PDF forms, applications, etc.).

The Services also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, the “MyInfluency Content”). MyInfluency Content does not include User Content (see § 3.2).

The license granted in this Section does not include:

• any resale or commercial use of the Services or the MyInfluency Content;
• any derivative use of the Services or the MyInfluency Content; or
• any use of data‑mining, robots, or similar data‑gathering and extraction tools.

The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company's express written consent. You may not use any meta‑tags or any other “hidden text” utilizing any of Company's name(s) or service marks without the express written consent of their owners.

We (or the respective third‑party owners of MyInfluency Content) retain all right, title, and interest in the Services and any MyInfluency Content offered on the Services, including any and all intellectual‑property rights. Any software applications available on or through the Services are licensed, not sold, to you.

The Company may assign these Terms of Service or any part of them without restriction. You may not assign these Terms of Service or any part of them, nor transfer or sublicense your rights under this license, to any third party. We (or the respective third‑party owners of MyInfluency Content) reserve all rights not expressly granted.  Any unauthorized use terminates the permission or license granted by Company.

‍

3  Services

3.1  Proposal Creation and Review

Brands or Agencies may use the Services to create campaigns and send proposals containing campaign information and specific details tailored to select Influencers. These proposals highlight the opportunity to participate in a Brand’s or Agency’s marketing activities. Only those Influencers targeted by the Brand or Agency will be able to view and/or accept a specific proposal. Upon receiving a proposal, Influencers may review the details and, if in agreement, accept the preliminary terms of the proposal.

3.2  User Content

Influencers can share “User Content” on and through the Services, as stipulated in their agreements with Brands or Agencies. User Content includes text, graphics, images, music, software, audio, video, information, or other materials created by an Influencer or Brand/Agency, or shared by any User on or through the Services.

3.3  Agreement Establishment

Once an Influencer accepts a proposal, the Brand or Agency is notified and must then finalize the agreement by:

• Paid Campaign — clicking “Pay & Start,” which processes payment; or
• Unpaid Campaign — clicking “Confirm & Start,” which accepts the terms without payment.

Completion of either action forms a binding contract between the parties. If the Brand/Agency does not complete the required action within the stipulated timeframe, the proposal becomes void and neither party has further obligations. During this process, the parties may exchange information such as (i) names, social‑media handles, and contact details; (ii) links to User profiles; and (iii) details about the Brand/Agency, Influencer, and campaign activities.

3.4  Notifications

The Services automatically send notifications when (i) an Influencer accepts a proposal, (ii) a Brand/Agency completes payment for a Paid Campaign, or (iii) a Brand/Agency clicks confirm for an Unpaid Campaign. Consent to receive such notifications is mandatory for platform use. Notifications may be delivered via in‑app messages, account postings, email, SMS, or push messages.

3.5  Payment Procedures

3.5.1  Finalizing a Paid Campaign

After an Influencer accepts a proposal, the Brand/Agency is prompted to finalize the agreement with payment. The contract becomes binding only after successful payment. If payment is not completed within the specified timeframe, the proposal voids. Payments are processed by third‑party processors (e.g., Stripe), and Users agree to those processors’ terms. Disputes arising directly from payment processing follow the processor’s dispute‑resolution procedures; the Company is not required to intervene but may facilitate communication.

3.5.2  Finalizing an Unpaid Campaign

For Unpaid Campaigns, no monetary transaction occurs on the platform. Clicking “Confirm & Start” binds the parties, and the Influencer’s acceptance of complimentary products or services constitutes full consideration. Because no payment is held in escrow, monetary refunds are unavailable.

3.6  Dispute and Claim Management

If issues arise regarding deliverables or contract terms, the platform provides a structured dispute‑resolution system. Both Brands/Agencies and Influencers may file claims, provided they supply precise, comprehensive information. After reviewing a claim, the Company may:

• Refunds (Paid Campaigns only): issue a full or partial refund at its discretion.
• Account Suspension/Termination: suspend or terminate the offending party’s access for serious or repeated violations.
• Corrective Actions: require delivery of a pending deliverable or other remedial steps.
• Clarifications: request additional information from either party.

3.7  Claims by Brands or Agencies

Brands/Agencies may file claims for reasons including:

• Non‑Submission of Deliverables: Influencer received the product/service but failed to submit the deliverable.
• Non‑Receipt and Non‑Submission: Influencer neither received the product/service nor submitted the deliverable.
• Damaging Content: Influencer knowingly created deliverables intended to tarnish the Brand’s or client’s image.

Claims must be filed within 14 days after the deliverable is submitted—or at any time if the deliverable is not submitted within the execution timeframe.

3.8  Claims by Influencers

Influencers may file a claim if the Brand/Agency fails to provide the agreed product or service necessary to create the deliverable. Such claims must be filed within 14 days after the last date in the execution timeframe.

4  Additional Terms  

Certain areas, features, or services within the My Influency platform may be governed by separate or supplemental terms that you must accept to access or use those specific portions of the Services. Examples include—but are not limited to—new mobile features, beta programs, promotional tools, enhanced analytics dashboards, and any future subscription tiers we may introduce.

• Presentation of additional terms.  When additional terms apply, they will be presented to you (i) in‑product at the point of access, (ii) in a click‑through prompt, (iii) in an order form, or (iv) on the relevant webpage describing the feature. You may not use the corresponding area or feature until you have reviewed and accepted those terms.
• Hierarchy of terms.  If a conflict exists between these Terms of Service and the terms posted for a specific area or feature, the specific terms will control with respect to your access to—or use of—that area or feature, and only to the extent of the conflict. All non‑conflicting provisions of these Terms will continue to govern your overall use of the Services.
• Incorporation by reference.  Any additional terms that you accept are hereby incorporated into and form part of these Terms of Service as though fully set forth herein.
• Modifications to additional terms.  The Company may modify supplemental terms in the same manner described in § 1 for these Terms of Service. Continued use of the relevant area or feature after updated supplemental terms are posted constitutes your acceptance of the revisions.
• Failure to accept.  If you choose not to accept supplemental terms for a specific feature, you understand that you will be unable to access or use that feature, but the rest of the Services will remain available to you (subject to these Terms).

‍

5  Ownership of the My Influency Content and Services

5.1  Copyright and Compilation Rights

Except as otherwise expressly stated, all My Influency Content appearing on the Services—including text, graphics, user‑interface elements, photographs, logos, button icons, audio, video, and software—is the copyrighted work of the Company or its third‑party content suppliers and is protected by U.S. and international copyright laws. The compilation (i.e., the collection, arrangement, and assembly) of all My Influency Content on the Services is the exclusive property of the Company and is likewise protected by U.S. and international copyright laws.

5.2  Permitted Personal Use; Prohibited Acts

You may download information from the Services and print a hard copy solely for your personal use provided you keep intact all copyright, trademark, and other proprietary notices. Except as expressly stated:

• You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for later use, create derivative works from, transfer, or sell any My Influency Content (text, images, audio, video, or software) in whole or in part without prior written authorization from the Company or the applicable rights holder.
• Any unauthorized use may violate copyright, trademark, privacy, publicity, or other laws and could result in civil or criminal penalties.
• The Company does not warrant or represent that your use of My Influency Content will not infringe the rights of third parties.

5.3  Proposal Acceptance Integration (Content Created Through Campaigns)

Content and agreements produced through proposals between Brands/Agencies and Influencers carry their own ownership and usage terms, as mutually agreed:

• Paid Campaigns: ownership and usage rights specified in the proposal vest—and the license to use the deliverable becomes effective—once the Brand/Agency completes payment through the platform.
• Unpaid Campaigns: the same ownership and usage rights vest upon the Brand/Agency clicking “Confirm & Start.” The Influencer’s receipt of in‑kind consideration constitutes full consideration for the license granted.

Both parties are responsible for understanding and accepting these stipulations, including any limitations on redistribution, derivative use, or time‑bound exclusivity that may be set out in the proposal. Any disputes about ownership or usage of deliverables are subject to the dispute‑resolution process in § 3.6 and, if necessary, the mediation/arbitration provisions in § 25.

‍

6  Ownership of Information Submitted via the Services  

6.1  Non‑Confidentiality of Submissions

Except as stated in our Privacy Policy, any communication or User Content you submit to or through the Services will be treated as non‑confidential.  Unless the Company expressly agrees in writing, no compensation is owed for our use of any User Content, and the Company has no obligation to preserve, return, or otherwise make available any User Content.

6.2  License Granted to the Company

Except as limited by our Privacy Policy, you retain ownership of your original User Content, but—by uploading, posting, or otherwise making User Content available on or through the Services—you grant the Company a worldwide, irrevocable, perpetual, non‑exclusive, transferable, royalty‑free license (with the right to create derivative works) to use, edit, view, copy, adapt, modify, distribute, host, market, transfer, display, perform, transmit, stream, broadcast, and promote that User Content:

• on the Services;
• on our social‑media pages;
• in advertisements;
• on our website; and
• in any other medium now known or later developed.

For clarity, this license applies whether the related campaign is Paid or Unpaid. The Company will not sublicense your User Content to Brands, Agencies, or third parties without your direct authorization.

 6.3  Privacy Waiver; Indemnification for Your Content

Subject to our Privacy Policy and applicable law, you waive any privacy expectations in the User Content you provide.  You acknowledge that the Company is the sole owner of any data or information extracted, derived, or created from such User Content.  You agree to:

• hold the Company and its affiliates harmless from, and
• indemnify and defend the Company against,

all claims, liabilities, and damages arising from or related to your User Content (including its accuracy, legality, and any alleged infringement or misrepresentation).

6.4  Confidentiality of Third‑Party Content You Access
If another User or third party shares User Content with you—or if you otherwise gain access to any User Content through the Services—you do not obtain any ownership rights in that content.  You must keep such content confidential and use or disclose it only as expressly authorized by its owner.  You are solely liable for any breach of these obligations and agree to indemnify the Company for any resulting damages or liabilities.

‍

7  Digital Millennium Copyright Act (DMCA)  

7.1  Notice of Claimed Infringement
If you are a copyright owner (or authorized agent) and believe that any User Content infringes your copyrights, you may submit a DMCA notification by providing our Copyright Agent, Kyle Painting, with the following information in writing (17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or—if multiple copyrighted works at a single online location are covered by one notification—a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to contact you, such as an address, telephone number, and (if available) an email address.
5. A statement that you have a good‑faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and—under penalty of perjury—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
7 Executive Park Dr NE, Apt 2412
Atlanta, GA 30329
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:

1. Your physical or electronic signature.
2. 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.
3. A statement under penalty of perjury that you have a good‑faith belief the material was removed or disabled due to mistake or misidentification.
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement 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—at our discretion—restore the removed content within 10‑14 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:

1. The availability or accuracy of such external websites or resources; or
2. The content, products, or services on or available from those 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.

8.2  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 that 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.

• No Endorsement or Liability.  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.
• User Responsibility.  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”):

1. Ownership.  The Company will own, exclusively, all now‑known or later‑discovered rights to the Feedback.
2. No Confidentiality.  The Company will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of the Feedback.
3. Unrestricted Use.  The Company will be entitled to unrestricted use of the Feedback for any purpose whatsoever—commercial or otherwise—without compensation to you or any other person.

10.2  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 as described in the Privacy Policy.
• We may modify the Privacy Policy from time to time; the revised version becomes effective upon posting on the Site.  You are encouraged to review the Policy periodically for updates.
• If you disagree with anything in the Privacy Policy, you should discontinue using the Services.

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

11.3  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.

11.4 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 these laws.

‍

12  Connection Requirements  

You are solely responsible, at your own risk and expense, for providing and maintaining any hardware, software, and communication lines (e.g., computer, smartphone, tablet, operating system, browser, 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) to continue accessing and using the Services.  It is your responsibility to install these 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 successfully 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”).

• User responsibility.  You—not the Company—are responsible for maintaining and protecting all Profile Content you upload.  The Company will not be liable for any loss or corruption of Profile Content, nor for costs associated with backing up or restoring it.
• Disclosure to third parties.  Allowing others to view your Profile or otherwise sharing information from it is deemed authorized by you and will not be considered a disclosure by the Company.
• Legal compliance.  You are responsible for using the Services—and for all Profile Content—in compliance with applicable law.

13.2  Accounts

13.2.1  Account Creation and Verification
To access the Services (e.g., to create/manage a Profile or post Profile Content), you must register an account(“Account”).  Account approval is subject to verification by the Company. You agree to:

• provide accurate, current, and complete registration information and keep it updated;
• create a strong password and safeguard it; and
• promptly notify the Company of any unauthorized use of your Account.

The Company may suspend or terminate any Account with inaccurate or incomplete information.

13.2.2  Account Use and Security
You are responsible for all activity that occurs through your Account.

• You may not sell, transfer, license, or assign your Account, username, followers, or any account rights.
• Except for third parties you expressly authorize to help create your Account, you may not create an Account for anyone other than yourself.
• All information you provide must remain true, accurate, current, and complete.
• Do not share your password or use another person’s credentials. The Company is not liable for losses stemming from unauthorized use of your Account.

13.3  Proposal and Agreement
When an Influencer accepts a Brand’s or Agency’s proposal and the Brand/Agency completes payment (Paid Campaign) or clicks “Confirm & Start” (Unpaid Campaign), an agreement is formed between the parties. That agreement obligates the Influencer to deliver the stipulated content within the agreed timeframe, and the Brand/Agency to provide the specified consideration (monetary or in‑kind). Failure to perform may result in consequences under the Company’s dispute‑resolution mechanism (§ 3.6) and could affect the status of the parties’ Accounts.

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 the Users.  The Company has no responsibility for the operation, support, maintenance, or repair of any hardware, software, or services you elect to use in connection with the Services.

14.2  Third‑Party Carriers
The Services communicate via the internet and/or cellular data service supplied by independent carriers.  Those networks may fail or go offline from time to time, and—during any such outage—the Services will be unable to transmit or receive information.  The Company may not receive timely notice of such outages and is not obligated to provide Services during them. Because cellular networks and internet providers are regulated, changes in rules or regulations may require us to modify or terminate some or all of the Services.

14.3  Prohibited Use
Any use—or attempted use—of the Services (i) for an unlawful, unauthorized, fraudulent, or malicious purpose; (ii) that could damage, disable, overburden, or impair any server or network; (iii) that interferes with any other party’s use and enjoyment of the Services; (iv) that seeks unauthorized access to accounts, systems, or networks; (v) that accesses data not intended to be accessible; (vi) that attempts to obtain materials through means not intentionally made available; or (vii) for any purpose other than the business purpose for which the Services are intended, is prohibited. Without limitation, you agree you will not:

14.3.1  Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable, or that invades another’s privacy or publicity rights.

14.3.2  Create a false identity, mislead others, impersonate any person or entity (including a Company representative), or misrepresent your affiliation.

14.3.3  Upload or transmit any material you do not have a right to reproduce, display, or transmit under law or contractual/fiduciary relationships.

14.3.4  Upload files containing viruses, Trojan horses, worms, time bombs, cancel‑bots, corrupted files, or similar software that may damage another’s property.

14.3.5  Delete any author attributions, legal notices, or proprietary designations or labels in any file you upload.

14.3.6  Use the Services’ communication features in a way that adversely affects availability to others (e.g., flooding, denial‑of‑service attacks).

14.3.7  Upload or transmit unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or pyramid schemes.

14.3.8  Violate any applicable local, state, national, or international law.

14.3.9  Upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary rights.

14.3.10  Delete or revise any material posted by another person or entity.

14.3.11  Manipulate or display the Services using framing, mirroring, or similar technology, or deep‑link to portions of the Services other than the main homepage, except as permitted under § 2.

14.3.12  Probe, scan, or test the vulnerability of—or breach authentication measures of—the Services or related networks or systems.

14.3.13  Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for Services if you are not expressly authorized.

14.3.14  Harvest or collect information about others, including email addresses.

14.3.15  Use any robot, spider, scraper, or other automated or manual means to access the Services or copy any content or information.

14.3.16  Sell or use any My Influency Content or Service information for commercial gain or personal pecuniary benefit.

Company Rights.  The Company reserves the right to take any lawful action it deems appropriate in response to actual or suspected violations—including suspension or termination of access and/or Accounts—and may cooperate with legal authorities or third parties in investigations. Except as limited by our Privacy Policy, the Company reserves the right at all times to disclose any information it deems necessary to satisfy applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

‍

15  Termination  

The Company may—in its sole discretion and without liability to you—terminate these Terms or suspend/terminate your access to the Services at any time, with or without cause, and with or without prior notice. Grounds for termination include (but are not limited to):

• failure to provide agreed services or deliverables;
• failure to pay amounts due under a Paid Campaign or to provide promised in‑kind consideration under an Unpaid Campaign;
• failure to create required User Content;
• violation of these Terms or any supplemental terms;
• suspected fraudulent, abusive, or illegal activity; or
• requests by law‑enforcement or other government agencies.

You may cancel your Account at any time by contacting us or following the on‑site prompts.  If your Account is cancelled or terminated, the Company is not obligated to delete or return any User Content you have posted—including reviews or feedback.

Termination does not affect any rights or obligations that:

• arose prior to the effective date of termination; or
• by their nature are intended to survive (e.g., indemnification, limitation of liability, dispute‑resolution provisions).

‍

16  Internet Risks  

You acknowledge that applications, systems, and devices connected to the Internet are exposed to inherent risks—such as malicious code, viruses, hackers, and other hostile actors, software, or systems.  The Company is not liable for:

• any applications you access or download using the Services; or
• 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.
• 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 (e.g., 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 nor 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.  However, the Company reserves the right, at any time and in its sole discretion, to:

• monitor any use of the Services it deems appropriate;
• review, edit, refuse to post, or remove any information or materials, in whole or in part; and
• 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:

• are illegal;
• may subject the Company to liability;
• violate these Terms; or
• are inconsistent with the purpose of the Services.

17.2  Proposal and Contract Monitoring
To maintain platform integrity and promote a reliable environment for all Users, the Company retains the right to review and monitor proposals and contracts created through the Services. Once a proposal is mutually accepted (via payment for a Paid Campaign or confirm‑click for an Unpaid Campaign), it becomes a binding contract between the parties. Monitoring enables the Company to verify that interactions align with platform guidelines and to address disputes or discrepancies efficiently. By using the Services, Users 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 notintended to constitute professional advice or recommendations upon which a User may rely.  Although the Company uses reasonable efforts to collect and provide quality information, we make 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 THEMSELVES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY EXPRESSLY DISCLAIMs all warranties and conditions of any kind—whether express or implied—including, without limitation:

• merchantability;
• fitness for a particular purpose;
• non‑infringement;
• satisfactory quality;
• timely, accurate, or error‑free operation; and
• freedom from computer virus or malicious code.

The Company makes no warranty that the Services will be accurate, timely, uninterrupted, virus‑free, or error‑free, or that defects will be corrected.

Additional clause for Unpaid Campaigns. Because no monetary funds are held or exchanged in Unpaid Campaigns, the Company cannot and does not guarantee any cash‑equivalent remedy. Relief for disputes arising from Unpaid Campaigns is limited to the non‑financial remedies described in § 3.6 (e.g., corrective action, content removal, suspension).

18.3  User Content Outside Company Control
The Company cannot and does not control User Content.  We disclaim any and all liability related to such content, including compliance with applicable laws, regulations, and guides (such as FTC endorsement guidelines). Any agreement between a Brand/Agency and an Influencer is made at the parties’ own risk.

18.4  Non‑Endorsement
The Company does not endorse any Brand, Agency, Influencer, or the products/services they offer. Decisions to collaborate—and any outcomes—are strictly between the contracting parties. The Company is not liable for any direct or indirect consequences arising from such collaborations.

‍

19  Limitation of Liability  

19.1  Exclusion of Damages
YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

• (A) the Services;
• (B) any action taken in connection with an investigation by law‑enforcement authorities regarding your or any other party’s use of the Services;
• (C) any action taken in connection with copyright or other intellectual‑property owners;
• (D) any errors or omissions in the Services’ operation; or
• (E) any damage to any User’s computer, mobile device, or other equipment or technology—including, without limitation, damages for loss of products, use, data, or other intangible losses—even if the Company has been advised of the possibility of such damages, resulting from your use—or inability to use—the Services, products, or content; the cost of obtaining substitute products or services; any purchases or transactions; or statements or conduct of any third party, or any other matter related to the Services, even if a remedy set forth herein is found to have failed its essential purpose.  Your use of the Services is predicated upon your waiver of any right to sue the Company and its affiliates directly or to participate in a class‑action suit for any losses or damages resulting from your use of the Services.

19.2  Liability Cap
You understand and agree that the Company will have no liability to you or to a third party for any cause of actionrelated to the Services or these Terms under any theory. If a court of competent jurisdiction determines that this limitation is unenforceable, the Company’s total liability to you for all claims will be limited to the amount you have paid for the Services, if any, and if you have paid nothing, then fifty U.S. dollars (US $50). You acknowledge that you have selected the Services with full understanding of this limitation.

19.3  Essential Basis of the Bargain; Certain State Laws
You expressly agree and acknowledge that the foregoing limitations of liability form an essential basis of the bargainbetween the parties and shall apply even if a limited remedy fails of its essential purpose or is deemed unconscionable. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may notapply, and you may have additional rights.

‍

20  Indemnification  

You agree to defend, indemnify, and hold harmless the Company, its affiliates, contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Indemnitees”) from and against any and all:

• suits, actions, claims, or proceedings;
• damages, settlements, or judgments;
• injuries, liabilities, obligations, or losses; and
• costs and expenses (including reasonable attorneys’ fees and litigation expenses)

relating to or arising from:

• your use of the Services;
• your breach of these Terms or any supplemental terms;
• your fraud, willful misconduct, or violation of law; or
• any User Content you submit, post, or transmit through the Services.

20.1  Survival
This indemnification provision will survive the termination or expiration of your use of the Services and these Terms of Service.

‍

21  User Disputes  

The Company reserves the right to resolve any dispute between a Brand / Agency and an Influencer regarding performance—such as whether deliverables were completed, whether payment or in‑kind consideration is due, or whether contractual conditions have been met. You agree to submit any such dispute to the Company and to comply with the Company’s final decision. If you fail to comply, the Company may suspend or terminate your Account.

By using the Services, you release the Company from all claims, demands, and damages arising out of disputes among Users or third parties.

21.1  Release
If you have a dispute with one or more Users, you release the Company—and its officers, directors, agents, subsidiaries, joint ventures, and employees—from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

21.2  Unresolved Disputes
For disputes not resolved within the platform or by the Company, Users are encouraged to seek recourse through local law‑enforcement, the postmaster general, or a certified mediation or arbitration entity, as applicable.

21.3  Contact and Notice
Before taking formal action, you agree to first contact the Company and attempt to resolve the issue informally.  Notices or communications regarding disputes may be provided by the Company (i) via email, if applicable, or (ii) by posting to the Services. For email notices, the date of transmission will be deemed the date of receipt.

21.4  No Liability for User Interactions
The Company has no liability for your interactions with other Users or for any User’s action or inaction. Users should conduct whatever investigation or take whatever precautions they deem necessary before proceeding with any online or offline interaction.

‍

22  Social Media Platforms and Websites  

22.1  Social‑Media Submissions
Any information, communications, or material of any type or nature that you submit to the Services through social‑media integration—including, but not limited to, any My Influency page or profile on platforms such as Facebook, Instagram, X (Twitter), TikTok, LinkedIn, or YouTube—whether by email, posting, messaging, uploading, downloading, or otherwise (collectively, “Social‑Media Submissions”) is submitted at your own risk and without any expectation of privacy. The Company cannot control the actions of other users on social‑media platforms and is not responsible for any content or Social‑Media Submissions contained on those sites. By accessing any My Influency content on a social‑media platform, you represent and warrant that you have reviewed the applicable privacy policy and terms of use for that platform and that you will abide by them.

22.2  Interactive Areas Administered Directly by the Company
If any Services administered directly by the Company (e.g., a Company‑hosted message board, forum, or comment section) provide interactive or social features:

• These areas may allow you to publicly post and share messages, content, or other information.
• Although the Company may take certain precautions, you should be cautious about disclosing personal or sensitive information in such public forums. Content you post can be collected and used by people you don’t know.
• The Company cannot guarantee the privacy or safety of these areas and is not responsible for any information you choose to post. Your use of interactive features is at your own risk.

23  Electronic Communications

When you visit the Services or send emails to us, you are communicating with the Company electronically. You consent to receive communications from us in electronic form. We will communicate with you either by:

• (i) sending email to the address you provide; or
• (ii) posting notices on the Services (including in‑app notifications).

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices we provide electronically will be deemed given and received on the date we transmit such electronic communication as described above.

23.2  Maintaining Current Information
It is your responsibility to keep your email address and other contact information current so you receive all notices promptly. The Company will not be liable for any lapse in communication caused by outdated or incorrect information.

‍

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 they supersede any prior agreements between us 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 proceedings 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 part will be replaced by terms that most closely match the intent of the unenforceable provision.  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 our behalf or bind us in any way.

24.4  Time Limitation on Claims
Any claim arising out of or related to your use of the Services—or your relationship with the Company—must be filed within one (1) year after the claim arose, or it is permanently barred. (This one‑year limitation does not apply to the 14‑day windows for campaign‑related claims described in § 3.7 and § 3.8.)

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. These remedies are cumulative and not exclusive.

‍

25  Mediation and Binding Arbitration Agreement  

If a dispute arises from or relates to these Terms—or the breach thereof—and the dispute cannot be resolved through direct discussions, the parties agree first to attempt to settle the matter by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures.  If the dispute is not resolved through mediation, any unresolved controversy or claim shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

• Place of Arbitration.  Atlanta, Georgia, USA.
• Governing Law.  The arbitration shall be governed by the laws of the State of Georgia.
• Electronic Discovery.  In determining the scope of electronic information exchange, the arbitrator(s) and the parties will be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
• Consequential Damages.  The arbitrator(s) shall not award consequential damages.
• Costs.  Each party shall bear its own costs and expenses, and an equal share of the arbitrators’ and administrative fees.
• Reasoned Award.  Any award shall be accompanied by a reasoned opinion.
• Confidentiality.  Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties.
• Non‑Payment of Fees.  Failure or refusal by a party to pay its required share of deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross‑examine witnesses. In such event, the other party shall present evidence and legal argument as the arbitrator(s) may require for issuance of an award. This waiver does not allow for a default judgment against the non‑paying party in the absence of supporting evidence.

‍

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 us using one of the methods below.  We will make reasonable efforts to respond promptly after receiving your inquiry.

• Email:   kyle.painting@myinfluency.com
• Mailing Address:
      Influency, Inc.
      7 Executive Park Dr. NE, Apt. 2412
      Atlanta, GA 30329
      United States

27  App Store Terms of Use

The following terms apply to any My Influency mobile application (“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 that:

27.1  Relationship with the App Provider
These Terms are concluded between you and the Company, not with the App Provider.  Except to the extent an App Provider and the Company are one and the same, the Company—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; 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 but not limited to:
(A) product‑liability claims;
(B) claims that the App fails to conform to legal or regulatory requirements; or
(C) claims arising under consumer‑protection or similar legislation.

27.6  Intellectual‑Property Claims
If a third party claims 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 (i) you are not located in a country subject to a U.S. Government embargo—or designated as a “terrorist‑supporting” country—and (ii) 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.

‍

Influencer Guidelines Addendum  

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 (“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.

1  Respect Intellectual‑Property Rights
Intellectual property (IP) includes copyrights, trademarks, trade secrets, and rights of publicity (e.g., name, likeness, voice). Never post or share content containing third‑party IP without written permission from the rights holder. This means:

• Do not post works you do not own or have not been licensed or authorized to use.
• Obtain releases from any individuals featured in photos or videos, even if you captured the footage yourself.
• If in doubt—especially regarding logos, music, film/TV clips, or celebrity images—check with the Brand/Agency before posting.  When in doubt: don’t post.

2  Disclose Your Connection to the Brand / Agency
When blogging, vlogging, or posting about a Brand, Agency, or their products/services, you must clearly and conspicuously disclose your “material connections.” Examples include monetary compensation, free products, in‑kind gifts, or special access.

Use appropriate hashtags such as #ad, #sponsored, #gifted, #inKind, or #paid—as required by the FTC Guides and the Brand/Agency. If the Brand or Agency provides recommended disclosure language, follow it; however, compliance is ultimately your responsibility.

3  Maintain Clear and Prominent Disclosure
Place the disclosure close to your endorsement statement so consumers cannot miss it:

• Do not bury the disclosure among many hashtags or behind links.
• On platforms with character limits (e.g., X/Twitter), place #ad or #sponsored at the beginning of the post if possible.
• Consumers should not have to click “See More,” scroll, or hover to view the disclosure.

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 language requested by the Brand/Agency, make that clear.

5  Only Make Verifiable Factual Claims
Make factual statements about a Brand or product only if you know they are true and you can substantiate them. Implied claims are also covered.

6  No Unauthorized Email Marketing
Unless expressly requested by the Brand/Agency, do not send email messages on their behalf.  The Brand/Agency will not compensate you for unrequested emailing.

7  Comply with Other Policies and Laws
Follow the terms, conditions, and community guidelines of every platform you use, as well as all applicable laws. If a platform prohibits commercial content, do not promote a Brand there.

8  Protect Your Personal Information
Remember your posts are public. Avoid sharing personal or sensitive information about yourself or your family that you do not want widely available.

9  Respect Others’ Privacy
Do not post personal information about anyone else unless they have voluntarily made it public and given you permission. Do not “doxx” anyone.

10  User‑Generated Content (UGC) Responses
Respond to UGC about the Brand only with pre‑approved responses provided by the Brand/Agency. If you encounter UGC that contains a complaint, issue, or question, consult the Brand/Agency before replying.

‍