Terms of Service

1. Agreement to Terms

Welcome to Brandly! These Terms of Service ("Terms," "Terms of Service," or "Agreement") constitute a legally binding agreement between you and Brandly ("Company," "we," "us," or "our") concerning your access to and use of the Brandly platform, including our website, mobile applications, and related services (collectively, the "Platform" or "Services").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

2. Platform Description

Brandly is a digital marketplace platform that connects content creators and influencers ("Creators") with brands and businesses ("Brands") for the purpose of facilitating marketing collaborations, sponsored content, and influencer partnerships.

2.1 Our Role

Brandly acts as an intermediary platform that:

• Provides tools for Creators and Brands to discover and connect with each other
• Facilitates communication between parties
• Offers matching algorithms based on audience demographics and collaboration preferences
• Provides secure payment processing services
• Maintains a verification system for user authentication

2.2 Important Notice

Brandly is not a party to any agreements or collaborations between Creators and Brands. We do not guarantee the quality, safety, or legality of collaborations formed through the Platform. Users are solely responsible for their interactions and agreements with other users.

3. Eligibility

To use Brandly, you must meet the following requirements:

• Age Requirement: You must be at least 18 years old or the age of legal majority in your jurisdiction.
• Legal Capacity: You have the legal capacity to enter into binding contracts.
• Authorization: If representing a company or organization, you have the authority to bind that entity to these Terms.
• Compliance: You are not prohibited from using the Platform under applicable laws or regulations.
• Account Status: You have not been previously suspended or removed from the Platform.

3.1 For Creators

• Own or have authorization to use the social media accounts you link to your profile
• Have an active presence on at least one supported platform (TikTok, Instagram, or YouTube)
• Comply with the terms of service of connected social media platforms

3.2 For Brands

• Represent a legitimate business entity
• Have the authority to enter into collaboration agreements on behalf of your organization
• Comply with advertising standards and regulations in your jurisdiction

4. User Accounts

4.1 Account Registration

To access certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized account access
• Accept responsibility for all activities under your account

4.2 Account Types

Creator Accounts: Designed for content creators and influencers seeking brand partnerships. Creators must link and verify at least one social media account.

Brand Accounts: Designed for businesses seeking to collaborate with creators. Brands must provide company information and verify business legitimacy.

4.3 Account Verification

We may require verification of your identity, social media accounts, or business credentials. Verification may include:

• Email and phone number verification
• Social media account ownership verification
• Business registration document submission
• Identity document verification for payment processing

4.4 Account Security

You are responsible for maintaining the security of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

5. Platform Services

5.1 For Creators

• Profile Creation: Build a comprehensive profile showcasing your content, audience demographics, and collaboration preferences
• Brand Discovery: Browse and search for brand partnership opportunities
• Collaboration Tools: Communicate with brands, negotiate terms, and manage collaborations
• Payment Processing: Receive payments securely through the Platform
• Portfolio Management: Showcase previous collaborations and content samples
• Analytics: Access insights about profile views and collaboration inquiries

5.2 For Brands

• Creator Search: Search and filter creators based on demographics, platform, engagement, and content category
• Campaign Management: Create and manage multiple influencer marketing campaigns
• Communication Tools: Connect directly with creators to discuss collaboration opportunities
• Payment Processing: Process payments securely to creators
• Performance Tracking: Monitor collaboration outcomes and campaign performance
• Team Access: Grant access to team members for collaborative management

6. User Obligations

6.1 General Obligations

All users must:

• Comply with all applicable laws and regulations
• Provide truthful and accurate information
• Respect the intellectual property rights of others
• Conduct themselves professionally and ethically
• Honor agreements and commitments made through the Platform

6.2 Creator Obligations

• Content Ownership: Ensure you own or have rights to all content you create
• Disclosure Requirements: Comply with advertising disclosure requirements (e.g., FTC guidelines, local regulations)
• Authenticity: Maintain authentic engagement and do not use bots or fake followers
• Platform Compliance: Follow the terms of service of social media platforms where content is posted
• Deliverable Quality: Deliver agreed-upon content on time and to professional standards
• Brand Guidelines: Adhere to brand guidelines and collaboration agreements

6.3 Brand Obligations

• Honest Representation: Accurately represent your products, services, and brand
• Timely Payment: Pay creators according to agreed terms
• Clear Guidelines: Provide clear campaign briefs and brand guidelines
• Regulatory Compliance: Ensure marketing activities comply with advertising regulations
• Intellectual Property: Respect creators' intellectual property rights
• Reasonable Expectations: Set realistic expectations for collaboration outcomes

7. Collaborations and Agreements

7.1 Independent Agreements

Collaborations between Creators and Brands are independent contractual relationships. Brandly facilitates these connections but is not a party to any agreement between users.

7.2 Terms and Negotiation

• Users are free to negotiate collaboration terms, including deliverables, timelines, compensation, and usage rights
• All agreements should be clearly documented and mutually agreed upon
• Users are encouraged to use written contracts for significant collaborations

7.3 Platform Role

Brandly provides tools to facilitate agreements but does not:

• Guarantee the performance of any party
• Mediate disputes over collaboration quality or outcomes
• Assume liability for breaches of agreements between users
• Verify the accuracy of deliverables or compliance with agreements

7.4 Content Usage Rights

Usage rights for created content must be negotiated between Creators and Brands. Brandly does not claim ownership of user-generated content but requires a license to display content on the Platform for operational purposes.

8. Payments and Fees

8.1 Platform Fees

Brandly charges service fees for facilitating collaborations and processing payments. Fee structures include:

• For Creators: A percentage-based commission on collaboration payments received through the Platform (typically 10-15%)
• For Brands: Monthly subscription fees or per-collaboration service fees
• Payment Processing: Standard payment processing fees may apply

Current fee schedules are available on our pricing page and may be updated with reasonable notice.

8.2 Payment Processing

• All payments are processed through secure third-party payment processors
• Creators must provide valid payment information to receive funds
• Brands must provide valid payment methods for collaboration payments
• Payment disputes should be resolved directly between parties; Brandly may assist but is not responsible for resolving payment disputes

8.3 Refunds

Refund policies for collaboration payments are subject to the terms agreed upon between Creators and Brands. Platform subscription fees are generally non-refundable except as required by law.

8.4 Taxes

Users are responsible for all applicable taxes related to their use of the Platform and collaboration payments. We may collect and remit taxes where required by law.

9. Intellectual Property

9.1 Platform Ownership

Brandly and its licensors own all rights, title, and interest in the Platform, including:

• Website design, layout, and functionality
• Software, code, and algorithms
• Trademarks, logos, and brand elements
• Proprietary processes and methodologies

9.2 User Content

You retain ownership of content you upload to the Platform. By uploading content, you grant Brandly a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating and promoting the Platform.

9.3 Intellectual Property Infringement

We respect intellectual property rights. If you believe content on the Platform infringes your intellectual property rights, please contact us at [email protected] with:

• Description of the copyrighted work or intellectual property
• Location of the infringing material on the Platform
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement of accuracy under penalty of perjury
• Physical or electronic signature of the rights holder

10. Prohibited Conduct

You may not use the Platform to:

10.1 Illegal Activities

• Engage in any illegal activities or promote illegal products/services
• Violate any applicable laws, regulations, or third-party rights
• Facilitate money laundering, fraud, or other financial crimes

10.2 Platform Abuse

• Create multiple accounts or use fake accounts
• Manipulate or game the Platform's algorithms or matching systems
• Scrape, crawl, or harvest data from the Platform without authorization
• Reverse engineer or attempt to access source code
• Introduce viruses, malware, or harmful code

10.3 Fraudulent Activity

• Provide false or misleading information
• Use fake followers, engagement, or metrics
• Misrepresent your identity, credentials, or social media presence
• Engage in deceptive marketing practices

10.4 Harassment and Abuse

• Harass, threaten, or intimidate other users
• Post discriminatory, hateful, or offensive content
• Engage in spam or unsolicited commercial communications

10.5 Circumvention

• Attempt to bypass Platform fees by conducting transactions off-platform
• Share contact information solely to avoid Platform services
• Encourage other users to violate these Terms

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting [email protected] or using the account deletion feature. Upon termination:

• Your access to the Platform will be revoked
• Outstanding payments must be settled
• Some information may be retained as required by law

11.2 Termination by Brandly

We reserve the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Extended periods of inactivity
• Business reasons, with reasonable notice when possible

11.3 Effect of Termination

• Provisions that by their nature should survive termination will continue to apply
• You remain liable for obligations incurred before termination
• Brandly is not liable for damages resulting from account termination

12. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

12.1 No Warranties

Brandly disclaims all warranties, express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or availability of the Platform
• Warranties that the Platform will be uninterrupted, secure, or error-free
• Warranties regarding the quality or outcomes of collaborations

12.2 Third-Party Content

We do not control, endorse, or assume responsibility for:

• User-generated content
• Collaborations between users
• Third-party websites or services linked from the Platform
• Actions or conduct of Platform users

12.3 No Professional Advice

The Platform does not provide legal, financial, tax, or professional advice. Consult qualified professionals for such matters.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Costs of substitute services
• Damages arising from collaborations between users
• Damages resulting from unauthorized access to your account

13.1 Aggregate Liability

In no event shall Brandly's total liability to you for all claims exceed the greater of (a) $100 USD or (b) the amount paid by you to Brandly in the twelve months preceding the claim.

13.2 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Brandly and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of third-party rights, including intellectual property rights
• Content you submit or transmit through the Platform
• Collaborations and agreements with other users
• Any fraudulent or negligent acts or omissions

15. Dispute Resolution

15.1 Informal Resolution

Before filing a legal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes amicably.

15.2 Arbitration Agreement

If informal resolution fails, disputes shall be resolved through binding arbitration rather than in court, except where prohibited by law. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of [Arbitration Organization].

15.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class actions or class arbitrations.

15.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or to enforce confidentiality obligations.

15.5 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

16. General Provisions

16.1 Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Brandly regarding use of the Platform.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full effect.

16.3 Waiver

Failure to enforce any provision of these Terms does not waive our right to enforce it in the future.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

Brandly is not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.

16.6 Electronic Communications

You consent to receive electronic communications from us, which satisfy any legal requirement for written communications.

16.7 Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

17. Contact Information

For questions about these Terms of Service, please contact us:

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