Terms of Service

‍

These Terms of Service ("Terms") govern your access to and use of the website, mobile applications, and services (collectively, the "Services") provided by Influur Corporation and its affiliates, including Influur MX, S. de R.L. de C.V. (collectively, "Influur," "we," "us," or "our"). Your access and use of the Services constitute acceptance of these Terms. If you do not agree to these Terms, you are not authorized to access or use the Services.

These Terms incorporate by reference our Privacy Policy and Community Guidelines.

Table of Contents

Section

Summary of Content

1. Eligibility and Account Requirements

Age requirements, account restrictions, business accounts, and communication preferences.

2. Description of Services

Overview of the platform connecting Brands and Influencers.

3. User Roles

Web Visitors, Brands, and Influencers.

4.Prohibited conduct

Prohibited content and behavior, violations, platform abuse, unauthorized commercial use, appeals, and financial protections.

5. Payment Terms

Payment processing, authorization, and tax responsibilities.

6. Intellectual Property

Ownership of content, licenses, restrictions, and DMCA procedures.

7. Third-Party Services and Integrations

Social media platforms, payment processors, analytics providers, and app stores.

8. Confidentiality

Protection of non-public business information.

9. Representations and Warranties

User representations and specific warranties for Brands and Influencers.

10. Disclaimer of Warranties

Services provided "as is" without warranties.

11. Limitation of Liability

Caps on Influur's liability for damages.

12. Indemnification

Your agreement to indemnify Influur from claims.

13. Term and Termination

How and when these Terms end, and effects of termination.

14. General Provisions

Entire agreement, waivers, severability, and notices.

15. Dispute Resolution 

Governing law, informal resolution, arbitration, class action waiver, and time limitations.

16. Special Provisions for App Stores

Additional terms for Apple App Store and Google Play Store users.

17. Updates and 

Contact Information

How the Terms of Service change and how to contact us.

1. Eligibility and Account Requirements

Requirement

Eligibility

You must be at least 18 years old. You may maintain one account per person or entity (unless we authorize otherwise) and must provide accurate, and current information. You're responsible for safeguarding credentials and for all activity on your account.  If you provide third-party contact details, you confirm you have their consent.

Restrictions

You may not impersonate others, share access without our written authorization, or use false identities. You are not located in a country subject to a U.S. Government embargo, are not listed on any U.S. Government prohibited or restricted parties list, and your use complies with all applicable export control and sanctions laws.

Business Accounts

If you act for an organization, you have the authority to bind it and will use its legal or commonly recognized commercial name.

Single-User Access

Some Services support only one user per account. If you grant access to others (e.g., managers or team members) without authorization, you remain liable for their actions.

Communications

By creating an account, you agree to receive transactional/service notices and, where permitted, marketing messages. You may manage your communication preferences as described in our Privacy Policy. Essential service communications cannot be disabled.

2. Description of Services

Influur operates a platform connecting brands and influencers for marketing campaigns. We do not employ influencers or brands, nor do we control the content created or campaigns developed through our platform. Both influencers and brands maintain full independence in their creative and business decisions, operating as independent contractors or entities within our ecosystem.

Our Services enable seamless partnerships, including campaign creation and management tools, intelligent influencer and brand discovery, comprehensive vetting and verification, real-time communication and collaboration features, secure payment processing, and performance analytics and reporting.

3. User Roles

Web Visitors

Individuals browsing our website without an active account

Brands

Businesses or individuals seeking influencer marketing services

Influencers

Content creators offering marketing services to brands

As indicated, certain Terms apply only to Brands or Influencers.

4. Prohibited Conduct

You must comply with our Community Guidelines, which prohibit:

• Violent, discriminatory, or hateful content
• Harassment, bullying, or threatening behavior
• Nudity, sexual exploitation, or adult content
• Illegal activities or promotion of illegal substances
• Fraud, impersonation, or deceptive practices
• Intellectual property infringement
• Platform misuse or security violations

Our complete Community Guidelines, including specific violation examples and enforcement procedures, are available here and are incorporated into these Terms by reference.

Additional Prohibited Conduct

You may not engage in the following activities:

Privacy Violations

• Collect or share user information without consent
• Create multiple or fake accounts or impersonate others

Unauthorized Commercial Use

• Resell or redistribute the Services without permission
• Use the Services to compete with Influur
• Enter into agreements outside the platform without authorization (Brands and Influencers only, and within terms contractually agreed separately)

Platform Abuse

• Interfere with or disrupt the Services
• Attempt to gain unauthorized access to systems or accounts
• Upload viruses, malware, or malicious code
• Use the Services for any illegal purpose
• Violate any applicable laws or regulations

Enforcement and Consequences

Violations may result in:

• Content removal
• Account warnings (strikes)
• Feature restrictions
• Account suspension or termination

Appeals

You may appeal any enforcement action by contacting support@influur.com within 14 days of the date the event took place.

Financial Protections 

Account restrictions do not eliminate payment obligations for completed work. You may withdraw pending funds before account termination. Funds that are under review, in dispute, or associated with suspected policy violations may be temporarily withheld until resolution. Influur may offset any outstanding amounts owed to us or to an Influencer against your account balance prior to remittance. Any negative balance remains payable by you.

5. Payment Terms 

Payment processing terms are detailed in individual campaign agreements and subject to our third-party payment processor's terms (see Section 7).

You authorize us to charge your designated payment method for amounts owed. You must keep payment information current and promptly notify us if your payment method is canceled, compromised, or expired.

You are responsible for all applicable taxes, duties, and government charges related to your use of the Services.

6. Intellectual Property

Category

Your Content

You retain ownership of content you create and post to the Services.

Our Platform:

Influur and its licensors own all intellectual property in the Services, including software, algorithms, trademarks, and proprietary technology

License to Influur

By using the Services, you grant Influur a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with operating and promoting the Services, including without limitation, featuring your profile in brand searches, using your name, voice, image, and likeness on the content you share with us and the Brands, without any compensation to you. This license continues after you stop using the Services for content that has been shared with other users.

Restrictions

You may not copy, modify, or create derivative works of the Services; reverse engineer or attempt to extract source code; use automated tools to scrape or collect data; remove or alter any proprietary notices; or use Influur trademarks without written authorization.

DMCA and Copyright

If you believe content on our Services infringes your copyright, contact our designated agent at: 

Influur Corporation Attn: DMCA Agent - 501 Brickell Key Drive, Suite 509 Miami, FL 33131 Email: legal@influur.com  

Include: (1) your contact information, (2) identification of copyrighted work, (3) identification of infringing material with location, (4) your signature, (5) good faith statement, and (6) statement of accuracy and good faith under penalty of perjury.

We reserve the right to remove reported content and may take action against the posting user's account, up to and including termination. Users may submit counter-notices using the same procedure; content may be restored if no lawsuit is filed and notified to Influur within 15 days. False claims may result in liability and account termination.

7. Third-Party Services and Integrations

The Services integrate with third-party platforms, including:

• Social media platforms (Instagram, TikTok, YouTube, Facebook)
• Payment processors (Stripe)
• Analytics providers
• App stores (Apple App Store, Google Play)

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services, their availability, or their actions.

8. Confidentiality

Confidential Information includes non-public business information shared through the Services, such as pricing and campaign strategies, unreleased products or launch dates, proprietary processes and technology, and user data and analytics. You agree to maintain confidentiality of such information and use it only for authorized purposes. This excludes publicly available information, information independently obtained, or required by law to disclose.

9. Representations and Warranties

You represent that all information provided is accurate and you have authorization to share the same, you have the authority to enter into these Terms, comply with applicable laws, and hold all necessary rights to your content. 

Brands

You confirm that your campaign content complies with advertising regulations, that the materials you provide do not infringe intellectual property rights, and that you will not solicit Influur's influencers, employees, or contractors for direct engagements outside the platform.

Influencers

You agree to comply with FTC Endorsement Guidelines and similar disclosure requirements depending on applicable regulations, making only truthful and substantiated claims. You will not enter into outside agreements with Brands met through Influur and confirm that all content you create is original or properly licensed and does not infringe third-party rights.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFLUUR DISCLAIMS ALL WARRANTIES, INCLUDING: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR RELIABILITY OF CONTENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. 

While we use reasonable efforts to review influencer profiles, we make no representations about influencer qualifications, credentials, or suitability. Brands are responsible for their own due diligence, especially for specialized influencers (medical professionals, lawyers, etc.).

We do not guarantee any specific outcomes, matches, earnings, or campaign performance.

Some jurisdictions do not allow disclaimers of implied warranties, so some of the above may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INFLUUR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (COLLECTIVELY, "INFLUUR PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, SERVICE INTERRUPTIONS, ERRORS, USER CONTENT OR CONDUCT, OR THIRD-PARTY ACTIONS OR CONTENT. 

Our total liability for all claims arising from or related to the Services shall not exceed the greater of $100 USD or the amounts you paid to Influur in the 12 months preceding the claim. This limitation does not apply to our gross negligence, willful misconduct, liability that cannot be excluded under applicable law, or our indemnification obligations. Some jurisdictions do not allow limitation of liability for incidental or consequential damages, so the above may not fully apply to you.

12. Indemnification

You agree to indemnify Influur Parties from claims, damages, losses, and expenses (including attorney fees) arising from your use, content, legal violations, or campaigns.

We may assume exclusive defense and control of any matter subject to indemnification, and you will cooperate with our defense.

13. Term and Termination

These Terms remain in effect while you use the Services. You may terminate your account anytime by contacting support. Influur may suspend or terminate access for violations, inactivity, legal requirements, or safety concerns. Upon termination, you will no longer be able to access the Services.

Upon account deletion, your profile is removed, and private content becomes inaccessible. Personal data will be deleted in accordance with our Privacy Policy, except where retention is required for legal compliance, safety investigations, dispute resolution, or technical reasons (such as system backups). Complete deletion may take up to 90 days. See our Privacy Policy for detailed data deletion procedures and your data subject rights.

The following provisions survive termination:

• Payment obligations
• Intellectual property licenses granted by you
• Indemnification obligations
• Disclaimers and limitations of liability
• Dispute resolution provisions
• Any other provisions that by their nature should survive

14. General Provisions

Provision

Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and Cookie Policy, constitute the entire agreement between you and Influur.

No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

Independent Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship.

Force Majeure

Neither party is liable for delays or failures due to circumstances beyond reasonable control.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. Any attempted assignment without consent is void.

We may assign these Terms and any rights (including payment rights and receivables) to third parties without your consent, including, without limitation: in connection with a merger, acquisition, or sale of assets, to factoring companies or other financing entities and to affiliates or subsidiaries.

Notices

To you: via email to your registered address or through the Services.

To us: support@influur.com or Influur Corporation, 501 Brickell Key Drive, Suite 509, Miami, FL 33131,

Languages

These Terms are in English. Any translations are for convenience only.

15. Dispute Resolution

‍

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS

Category

Details

Governing Law

These Terms are governed by the laws of the State of Delaware and applicable federal law, without regard to conflict of law principles.

Informal Resolution

Before initiating arbitration or litigation, you agree to contact us at legal@influur.com to seek an informal resolution. We will attempt to resolve disputes through good-faith negotiations for 30 days.

Binding Arbitration

All disputes arising out of these Terms of Service will be resolved through final, binding arbitration administered by the American Arbitration Association under its Commercial Rules (Expedited Procedures) before one arbitrator in Wilmington, Delaware, or by video. The arbitrator will decide all questions of arbitrability, and the proceedings and award will remain confidential. Each party will pay their own arbitration and attorney fees, unless the arbitrator awards them to the prevailing party as permitted by law. Either party may seek injunctive relief in court for intellectual property or confidentiality breaches. This Section survives termination of these Terms.

CLASS ACTION WAIVER

YOU AND INFLUUR AGREE THAT DISPUTES MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

You waive the right to: participate in class action lawsuits, participate in class-wide arbitration, and consolidate your claims with others’ claims. If the class action waiver is found unenforceable, the arbitration agreement does not apply, and disputes will be resolved in court.

Jury Trial Waiver

YOU AND INFLUUR WAIVE THE RIGHT TO A JURY TRIAL. Any litigation will be decided by a judge. You may opt out of the arbitration agreement by sending written notice within 30 days of first accepting these Terms. Include your name, account email, and opt-out statement. Send to: Influur Corporation, Attn: Arbitration Opt-Out, 501 Brickell Key Drive, Suite 509, Miami, FL 33131

Exclusive Venue (If Arbitration Does Not Apply)

If arbitration does not apply (due to opt-out, exception, or unenforceability), disputes will be resolved exclusively in state or federal courts located in Wilmington, Delaware. You consent to personal jurisdiction in these courts.

Time Limitation

Any claim must be filed within one (1) year after the claim arises. After this period, the claim is permanently barred.

16. Special Provisions for App Stores

If you download our mobile application from the Apple App Store or Google Play Store, you agree to that App Store's terms and conditions in addition to these Terms.

Apple Inc., Google LLC, and their subsidiaries are third-party beneficiaries of these Terms for their respective applications and may enforce these Terms against you. These Terms are between you and Influur only; the App Store providers have no obligations regarding the app and are not responsible for any claims relating to it.

In-app purchases are processed through the App Store's payment system and are subject to their payment terms. In the event of third-party intellectual property claims, Influur (not the App Store provider) is responsible for addressing such claims.

17. Updates and Contact Information

Changes to Policy

We may update these Terms periodically. Your continued use means you accept the revisions. We will provide prominent notice and obtain consent for material changes where required by law.

Contact Us

For questions about these Terms, contact us: legal@influur.com 

Address: Influur Corporation, 501 Brickell Key Drive, Suite 509, Miami, FL 33131

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

‍