Ainfluencer’s Terms of Service

Last Update: September, 2020

Welcome to Ainfluencer.com.

The following terms of service , govern your access to and use of the Ainfluencer website and apps, including any content, functionality and services offered on or through www.ainfluencer.com by Ainfluencer, Inc. and, with respect to payment processing services, by its payment partners collectively referred here to as "Ainfluencer" "we" or "us" .

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.ainfluencer.com/privacy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to [email protected], or by using the chat or other methods presented through the Site.

Terms & Definitions

Ads are created by Buyers to outline preliminary requirements for an upcoming promotional campaign on a Seller’s Instagram page.

Ad Marketplace is a collection of Ads that can be accessed by registered Sellers in order to help initiate collaborations between Sellers and Buyers.

Brand Dashboard is the web or App based interface that enables registered Buyers to collaborate with Sellers.

Buyers or Brands are users who purchase services on Ainfluencer from Sellers.

Campaigns are a collection of Ads located on the Brand Dashboard to help organize Ad related activities.

Influencers or Sellers are users who provide a service to the Buyer by Publishing a Post on their Instagram Page in order to promote products or services offered by the Buyer.

Ainfluencer App is the tool used by Sellers to collaborate with Buyers.

Publishing a Post, Instagram Feed Post or Sponsored Post are used to describe the service that is provided by the Seller, where the Seller is publishing creative assets on an Instagram page that they are authorized to publish on.

Influencer Discovery is the tool used by Buyers to search for and analyze Sellers using public and proprietary data collected by Ainfluencer.

Influencer Invites are facilitated through the Brand Dashboard in order to help Buyers promote their Ads.

Offers are exclusive proposals made by either a Buyer or Seller through Ainfluencer.

Offer Chat is the built in collaboration tool on Ainfluencer that enables real time communication between Buyers and Sellers once an Offer is initiated.

Offer Details or Offer Details Success Criteria is the interface provided within the Offer Chat that captures the formal agreement between the Seller and Buyer. Offer details include various requirements for the Published Post which includes duration that the Post is made public on the Seller’s page, exclusivity on the page and more. At any time after an Offer is initiated, the Offer Details can be either accepted, rejected or revised by either party until such time that an Offer is accepted by both parties.

Accepted Offers are Offers that are formally accepted by either the Buyer or Seller where one of the parties selects the ACCEPT OFFER button on the Offer Details screen.

Rejected Offers are Offers that are formally rejected by either the Buyer or Seller where one of the parties selects the REJECT OFFER button on the Offer Details screen. A Rejected Offer may be revised by either party in effort to continue collaborating on the Offer.

Paid Offers are Accepted Offers where the entire Offer payment is made by the Buyer. By making the Payment, the Seller is agreeing details outlined in the Accepted Offer.

Make A Payment Page is where Buyers provide their payment information and authorize the transaction.

Scheduled Post or Scheduled Post Date is the data agreed upon by both parties on the Accepted Offer screen.

Cancelled Offers are Paid Offers that are cancelled by either the Seller or Buyer prior to Schedule Post Date.

Successful Post or Delivered Post is the act of publishing the creative assets in the Paid Offer on the Sellers Instagram page.

Failed Post occurs when the Scheduled Post does not get successfully delivered on the agreed upon date and time outlined in the Paid Offer.

Disputes are disagreements experienced during an Paid Offer between a Buyer and Seller on Ainfluencer.

Wallet Balance is the aggregated amount of credit in the Buyer or Seller account. In the case of the Buyer, this amount may accumulate by adding funds to the Wallet or from cancelled Paid Offer. In the case of the Sellers, this amount is accumulated through Revenues generated on Ainfluencer.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Ainfluencer platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Ainfluencer Balances.

Revenue is the money that Sellers earn from Paid Offer and can withdraw, subject to these Terms.

Post Scheduler is the built in publishing system that publishes the Scheduled Post on the Sellers Instagram page.

OVERVIEW (in a nutshell)

  • Only registered users may buy and sell on Ainfluencer. Registration is free.

  • Ads on Ainfluencer may be created without a starting price or fee. This fee can later be negotiated between the Buyer and Seller.

  • Sellers can be invited to make an Offer for a given Ad created by the Buyer via the built in email invitation system. Conversely, Sellers may make an Offer on a given Ad through the Ad Marketplace in the Ainfluencer App.

  • Once the Buyer and Seller agree to the terms of an Offer, one of the parties may select the Accept Offer option, at which point, the Buyer must make a payment to Ainfluencer in order for the Seller to Publish the Post (Published Post).

  • The payment made by the Buyer, and is held by Ainfluencer until such time that the Post is Published by the Seller, in accordance with the Offer Details.

  • Payments are made through the Offer screen when a Buyer selects the Make a Payment.

  • Sellers must fulfill their orders which may be automatically done by Ainfluencer using the built in Post Scheduler, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status and may result in being removed or suspended from the Site.

  • Users may not offer or accept payments using any method other than placing an order through Ainfluencer.com.

  • When purchasing an Offer, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller in the Offer Chat.

  • Ainfluencer retains the right to use all published delivered works for Ainfluencer marketing and promotion purposes.

  • We care about your privacy. You can read our Privacy Policy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

  • Ainfluencer offers its users the Post Scheduler, which allows both Buyers and Sellers to publish posts on their own Instagram feeds outside of the Offer process. The Post Scheduler is provided as is, does not have any associated fees for use, and is to be used at Buyer or Sellers own discretion without any warranty on service level.

SELLERS

Basics

  • Sellers can only access brands and Ads by first downloading the influencer App, and then creating a profile on Ainfluencer.

  • Seller profiles are presented to Buyers through the Buyer’s dashboard where they can public Instagram account metrics, content posts, activity on Ainfluencer, and other metrics generated by Ainfluencer using this data.

  • In some cases, a public Seller profile is presented on Ainfluencer prior to that Seller registering an account with Ainfluencer. This information is provided for discovery purposes by Buyers and enables Buyers to reach out via the Ainfluencer platform.

  • Sellers can engage with Buyers in one of two ways:
    • By accepting an invite from a Buyer
    • By selecting the Make An Offer option inside the Ainfleuncer Ad Marketplace.
  • Once an offer is initiated between the Buyer and the Seller, the Seller may only use the chat system provided by Ainfluencer to communicate with the Buyer. Efforts to circumvent the chat system or contact the buyer directly will result in the Seller being removed from the Seller community.

  • An Accepted Offer by both the Seller and Buyer denotes a final agreement between the parties.

  • Once a Buyer Makes a Payment, the Post agreed to by both parties will automatically be scheduled to be published on the Seller’s Instagram feed according to the Offer Details. An order may not be cancelled by either party after the Post is published. If a Seller is seen to be cancelling Paid Offers frequently, this may result in the Seller being reviewed or removed from the platform.

  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Ainfluencer Wallet.

  • Revenues are only made available for withdrawal from the App Wallet page following a safety clearance period after the Offer is marked as successfully posted.

  • Sellers may withdraw their revenues using one of Ainfluencer’s withdrawal system (see Withdrawal Section below regarding payment terms).

  • For security concerns, Ainfluencer may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Ainfluencer accounts to a single withdrawal provider.

  • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price agreed to by the Buyer and Seller through the Offer Details is inclusive of all such taxes and charges that may apply to the Sellers.

  • Appointment as Limited Payment Collection Agent: Seller hereby appoints Ainfluencer as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Ainfluencer shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Ainfluencer (or its Payment Services Provider, as applicable), and Ainfluencer (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Ainfluencer (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Ainfluencer and not the Buyer directly. Seller agrees that Ainfluencer may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Ainfluencer may deem necessary or prudent.

  • Ainfluencer partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Ainfluencer Wallet balances. All payments services in connection with the withdrawal of funds on Ainfluencer are performed by Ainfluencer’s Payment Services Providers.

  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Successful Post Definition and Release of Payment to the Seller

Sellers develop a custom Offer with Buyers using the criteria below, which are negotiated between the parties using the Offer Chat on Ainfluencer. Once an Offer is accepted by both parties and the Buyer makes a payment, the success criteria becomes the formal agreement between the parties.

Ainfleuncer’s Post Scheduler will publish the post on the Seller’s Instagram page using this success criteria, and will then verify that these criteria have been reasonably met. Meeting these criteria is referred to as a Successful Post. Following the Successful Post, payment to the Seller will be deposited to the Seller’s Wallet per the Terms outlined herein.

Success Criteria

  • Publishing Dates or Publish Schedule - Refers to the start date or date range for when the Buyer and Seller agree that the post is to be published on the Seller’s page. If a Date Range is selected, the end date denotes the last possible day in which the post can be published.

  • Publishing Duration - Refers to the length of time in which the Buyer and Seller agree that the Post must stay posted in a continuous manner from the initial start date, on the Seller’s Instagram page. For example, if the publish date specified is Feb. 14th, and the duration is 5 days, then the Post must stay on the Sellers Instagram page until no earlier than Feb 19th.

  • Exclusivity - Refers to the length of time that the Seller agrees to not post any other content on their Instagram page following the Publish Schedule start date.

  • Buyer URL on Seller’s Instagram Bio Link - Refers to whether the Seller agrees to publish the Buyer’s campaign URL on their Instagram bio page url for the date range or duration of the Post.

  • Creative Format is the agreed upon format for the creative delivery of the Post. Options include:

    • Single Image Feed Post
    • Multi-image Feed Post (Carousel Post)
    • Feed Post with Video
    • Single image Story Post
    • Multi image Story Post
    • Story Post with Video
    • If the Buyer and Seller wish to have multiple creative formats promoted, then the Buyer should create multiple Ads and invite the Seller into each one, where each Ad specifies a desired creative format.

  • Pricing table - Refers to the pre-configured pricing table developed by the Seller when they register an account, or is configured through their Profile screen. The final price is always the one that is negotiated between the Buyer and Seller in the Offer Details screen. Initial pricing or pricing from the Seller’s pricing table are used for negotiation purposes only and will not be considered a default price.

Accepting Free Product For Review From a Buyer

Some Sellers may agree to accept physical or digital products or services in order to develop a custom creative for the Published Post. Although this activity is discouraged, Influencer does not disallow or penalize Buyers and Sellers for this type of activity. Should Sellers receive product for review, they agree to the following:

  • Ainfluencer shall not be held responsible in any way related to the transfer and use of the product or service transferred between the Buyer and the Seller.

  • Transfer of product for review does not replace or imply payment to the Seller for a Published Post. The intent for this transfer is for review purposes only. Should Ainfluencer deem that the Buyer is providing a product or service in lieu of payment, then the Buyer and or Seller may be reviewed for compliance and may be removed from the marketplace.

  • Buyers or Sellers who continually engage in product or service reviews may be removed from the marketplace at Ainfluencer’s discretion.

Ainfluencer Seller Fees and Withdrawing Revenues

  • All transactions on Ainfluencer are paid by the Buyer and held on account for the Seller until the Published Post is successfully delivered per the Terms above.

  • The Seller is charged a fee of 20% of the Paid Offer amount, which is automatically deducted from the Seller fee due.

  • To withdraw your revenue, you must configure your Payment Method in the Ainfluencer Wallet which is located in the App. All funds eligible for Withdrawal will be held on your behalf in the Wallet. All payment services, including withdrawal services will be provided by Ainfluencer’s Payment Services Providers.

  • Your Ainfluencer profile can be associated with only one Wallet and Payment Method.

  • Revenues are only made available for withdrawal following a safety clearance period of between 7-14 after a Successful Post has been verified by Ainfluencer.

  • Withdrawals can only be made in the amount available to you.

  • Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.

  • The default currency for all transactions and withdrawals are in US$.

Withdrawal Methods

Withdraw to your PayPal Account $0 For a list of PayPal services by country click here
Direct Deposit (ACH) $0 Canada only
* Additional fees may apply based on your location and currency.

BUYERS

Buyer Offer and Payment Terms

  • Buyers must create an Ad on the marketplace in order to initiate an Offer with a Seller.

  • There is no cost to the Buyer to use the Site. Fees are charged when a payment is made on an Accepted Offer. This fee is applied to the cost agreed to between you and the Seller.

  • As a Buyer, even if you have accepted an Offer in the Offer Chat system, you are not obligated to pay a Seller. Continued activity on your account where you Accept Offers but do not make payment will flag your account for review.

  • Although you may cancel a Paid Offer after making a payment for an Accepted Offer, this denotes a formal transaction between you and the Seller and may result in forfeiture of your payment according to the Terms outlined herein.

  • You may not offer direct payments to Sellers using payment systems outside of the Ainfluencer platform.

  • You understand and agree that by making a payment on an Accepted Offer, once the Post is Published, you may not request a refund or chargeback from your payment or credit services provider. All sales are final once the Post is Published.

  • A Paid Offer may not be cancelled within 48 hours of the Scheduled Publish Date as this may result in lost revenue for the Seller. Cancelling a Paid Offer within 48 hours of the Publish Date will result in forfeiture of your Payment to the Seller.

  • Due to technical issues that may arise from scheduling the Post on Instagram, at times, a Scheduled Post may not be delivered according to the agreed upon date as described in the Accepted Offer. As such, there is a grace period of 24 hours following the Accepted Offer publish dates to allow for publishing retries. The Post publishing process may be retried up to 3 times before it is deemed as cancelled, in which case, your Payment will be automatically credited to your account.

  • Ainfluencer retains the right to use all publicly published delivered works for Ainfluencer marketing and promotional purposes.

Ad Marketplace

  • You are entitled to posting an unlimited number of Ads on the marketplace. Posting an Ad does not imply a commitment by you to pay or work with any given Seller.

  • Ads and/or users may be removed by Ainfluencer from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Spam, nonsense, or violent or deceptive Ads
    • Reselling of regulated goods
    • Promoting Ainfluencer through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Ads that are removed for violations mentioned above, may result in the suspension of the Buyer's account.

  • Ads that are removed for violations are not eligible to be restored or edited.

  • Ads may be removed from our Search feature due to poor performance and/or user misconduct.

  • Ads are required to have an appropriate image or video related to the product or service offered by the Buyer. There is an opportunity to post additional content once the Offer is initiated with a given Seller.

Currencies

  • Buyers may pay on Ainfluencer in USD currency only. All stated Offer prices are deemed to be in USD by default and will be transacted as such.

  • Should an Ainfluencer Payment Provider provide an option to convert your local currency into USD, you understand that these rates are published and managed by the Service Provider. Please review the exchange terms before making any such transaction.

  • Your Waller Balance is always valued in US$.

Taxes

  • Payments made on Ainfluencer are between the Buyer and Ainfluencer. Ainfluencer is responsible for making payments to the Seller on your behalf. It is understood between Sellers and Ainfluencer that the Seller fees stated in the Accepted Offer are inclusive of all local taxes or duties that may be due by the Seller. The Buyer and Ainfluencer will not be held responsible for any such taxes payable by Sellers.

  • Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.

  • Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

Reviews

  • Feedback reviews provided by Buyers after a Successfully Delivered Offer are an essential part of Ainfluencer's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their Offer in regards to the service provided by the Seller.

  • Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Ainfluencer platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Ainfluencer platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

  • Feedback comments given by Buyers are publicly displayed on a Seller’s profile page.

  • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Ainfluencer's Customer Support department for assistance.

  • Order cancellations can be performed on Ainfluencer, when eligible, by Customer Support per Offer.

  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

  • In the event that a Buyer or Seller encounters an issue related to the service provided in an Offer, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.

  • Ainfluencer, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Wallet balance.

  • Any revisions discussed in the Offer Chat are not considered formal changes. The only way to formally accept the offer is by using the Accept Offer option in the Offer Chat.

  • Revisions on a Paid Offer may be requested by Seller or Buyer after the payment has been made. Any such revisions must be made through the resolution center.

  • Requesting to gain more services from Sellers beyond the agreed requirements after the Offer is paid is not allowed.

Order Cancellations

  • Ainfluencer encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.

  • Eligibility for requests to Ainfluencer to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Ainfluencer Offer system.

  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed Offer even after days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Wallet Balance and will be deducted from the Seller’s Wallet Balance or, if there are no sufficient amounts in the Seller’s Wallet Balance, from future revenues of such Seller.

  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Accepted Offer.

  • Any non-permitted usage of Ainfluencer encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Ainfluencer’s Terms of Service.

  • Ainfluencer Customer Support will cancel orders based on, but not limited to, the following reasons:

    • Paid Offer (after the Buyer and Seller agree to the Offer and it is paid, but not Posted on the Seller Instagram page)

      • The Seller does not Publish the Post more than 24 hours after the agreed upon Publish Schedule.

      • The Buyer or Seller submit a cancellation requested more than 48 hours prior to the agreed upon Publish Schedule date.

      • Users are abusive towards the other party through threats of low ratings.

      • Users supplied or included copyright/trademark infringing materials as part of the Offer.

      • The user is no longer an active Ainfluencer user due to Terms of Service violations or closure of their account.

    • Successfully Delivered Offers (after the Seller publishes the post on their Instagram page)

      • The Seller removes the Post prior to the agreed upon duration.

      • The Seller changes the criteria of the Post without formal written consent of the Buyer, including changes to how the link is included in the Seller bio, exclusivity terms, creative formats, etc.

      • The Seller is withholding the final delivery of services for improved ratings.

      • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.

Refunds

  • Ainfluencer does not automatically refund payments made for cancelled Paid Offer back to your payment provider. Funds from Offer cancellations are returned to the Buyer's Wallet Balance and are available for future purchases on Ainfluencer.

Wallet Credits

In certain instances, Ainfluencer may offer you credits (“Ainfluencer Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Offers and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Ainfluencer Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Ainfluencer Credits expire following three months from their receipt. Ainfluencer Credits serve only as an incentive to use Ainfluencer, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Ainfluencer Credits may not be returned to your account even if your Offer gets cancelled. Ainfluencer Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Ainfluencer reserves the right to modify or cancel the Credits program at any time. If you or Ainfluencer deactivate or suspend your Ainfluencer account, any unused Credits in your account will be forfeited.

User Conduct and Protection

Ainfluencer maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Ainfluencer. This section relates to the expected conduct users should adhere to while interacting with each other on Ainfluencer. To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Ainfluencer in order to circumvent or abuse the Ainfluencer Chat system or Ainfluencer platform is not permitted.

  • Any necessary exchange of information required to successfully publish an Offer may be exchanged within the Offer Chat.

  • Ainfluencer does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Site.

  • Ainfluencer does not provide protection for users who interact outside of the Ainfluencer platform.

  • All information and file exchanges must be performed exclusively on Ainfluencer's platform

  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

  • Ainfluencer is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

  • Users may not submit proposals or solicit parties introduced through Ainfluencer to contract, engage with, or pay outside of Ainfluencer.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Compliance team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Compliance team. A warning will be sent to the user's email address and may be displayed for such users on the Site. Warnings do not limit account activity, but can lead to your account losing statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Ainfluencer does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Ainfluencer should be friendly, constructive, and professional. Ainflencer condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, and a system to rate Sellers and Buyers.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members' privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Offers.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Offer Chat. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Ainfluencer will not be protected by our Terms of Service.

Authentic Ainfluencer Profile - You may not create a false identity on Ainfluencer, misrepresent your identity, create a Ainfluencer profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Ainfluencer reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Ainfluencer will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use - You may not use Ainfluencer for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Ainfluencer community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Ainfluencer’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Ainfluencer. This includes creating new multiple accounts to harass members through our Offer Chat system.

Selling Accounts - You may not buy or sell Ainfluencer accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Ainfluencer and protected by copyright and trademark law. Ainfluencer®, is a registered trademark owned exclusively by Ainfluencer. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Ainfluencer with any comments, suggestions or other feedback regarding the Ainfluencer platform or the Site as a whole, as well as other Ainfluencer products or services (collective, the “Feedback”), you will be deemed to have granted Ainfluencer an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Ainfluencer is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the Offer, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

  • Ainfluencer reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.

  • Violation of Ainfluencer's Terms of Service and/or our Community Standards may get your account disabled permanently.

  • Users with disabled accounts will not be able to sell or buy on Ainfluencer.

  • Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Ainfluencer's approval.

  • Disputes should be handled using Ainfluencer's dispute resolution tools ('Contact Center' on the Site or Offer Chat) or by contacting Ainfluencer Customer Support.

  • Ainfluencer may make changes to its Terms of Service from time to time. When these changes are made, Ainfluencer will make a new copy of the terms of service available on this page.

  • You understand and agree that if you use Ainfluencer after the date on which the Terms of Service have changed, Ainfluencer will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Ainfluencer by our users (Buyers and Sellers) is User Generated Content. Ainfluencer does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Ainfluencer is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Offers, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Ainfluencer.

Ownership

Ownership and limitations: When purchasing an Offer on Ainfluencer, unless clearly stated otherwise on the Seller's profile page, or in the Offer Chat by the Seller, when the work is delivered, and subject to payment, the Seller maintains all rights to the Published work on their Instagram page. Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Ainfluencer, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Ainfluencer for no consideration for marketing and/or other purposes.

Any content uploaded or provided by Buyers remains the sole property of the Buyer unless otherwise specified by the Buyer in the Offer Chat. The Buyer grants the Seller non-exclusive rights to Publish such content on their Instagram page solely for the purpose of promoting the Buyer’s product or service.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AINFLUENCER NOR ANY PERSON ASSOCIATED WITH AINFLUENCER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL AINFLUENCER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, AINFLUENCER AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Ainfluencer, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.