Terms and Conditions of Pingfluence
Welcome to Pingfluence! These Terms and Conditions ("Terms") govern your use of the Pingfluence mobile application ("App") and the services provided therein. By accessing or using the App, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the App.
1. Account Registration and Security
1.1 Eligibility
To create an account, you must be 18 years or older. This ensures that users are legally capable of entering into contracts and managing their own accounts responsibly.
1.2 Account Information
You must provide accurate, up-to-date information during registration. This is crucial for maintaining the integrity of the platform and ensuring proper communication between parties.
1.3 Password Protection
Your password is your responsibility. Choose a strong password and keep it confidential to prevent unauthorized access to your account.
1.4 Security Measures
While Pingfluence implements security protocols to protect your data, no system is infallible. By using the app, you acknowledge and accept the inherent risks.
2. Use of the Application
2.1 Limited License
Pingfluence grants you a limited, non-exclusive, and revocable license to use the app. This license is personal to you and cannot be transferred to others.
2.2 Prohibited Activities
You must not engage in illegal activities, interfere with the app's operations, or exploit any of its features in ways that were not intended. This includes, but is not limited to, hacking, spamming, or manipulating the system.
3. Collaboration Content and Social Media Posting
3.1 Content Sharing and Collaboration Agreements
Creators must adhere to the terms of each collaboration, including posting content as agreed upon. This ensures that both parties fulfill their obligations under the agreement.
3.2 Use of Instagram’s Collab Feature
Creators cannot use Instagram’s Collab feature as a bargaining tool. Specifically, they are not allowed to demand collaboration through this feature or threaten to remove content if their demands are not met.
3.3 Content Removal and Penalties
Content must remain accessible on the creator's social media for the agreed period. Removing content prematurely can result in suspension of the creator's account, loss of any agreed compensation, and potential legal consequences.
4. Termination and Suspension
4.1 Termination by User
Users may terminate their accounts at any time by following the procedures outlined in the app or by contacting customer support. This allows users to disengage from the platform when desired.
4.2 Termination by Pingfluence
Pingfluence reserves the right to suspend or terminate user accounts for any breach of these terms or for engaging in unlawful activities. This ensures that the platform remains safe and trustworthy for all users.
5. Content Ownership and Licensing
5.1 License to Pingfluence
By uploading, linking, or otherwise making content available through our platform, you hereby grant to Pingfluence a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, distribute, display, and perform the content in connection with the marketing, promotion, and enhancement of Pingfluence’s platform and services. This license includes, but is not limited to, the use of content for promotional materials and advertising, excluding paid advertisements unless otherwise agreed.
5.2 License to Collaborating Businesses
By collaborating with businesses through the Pingfluence platform, you grant such businesses a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display, and distribute the content you create solely for the purpose of promoting the collaboration on their owned media channels (e.g., social media, website, newsletters). This license expressly excludes the right to use the content in any paid advertisements or extended marketing activities unless a separate written agreement is executed between Pingfluence, the business, and the content creator regarding such extended usage or paid advertisements.
6. Misuse and Compliance
6.1 Prohibition of Manipulation of Engagement and Followers
Artificially inflating engagement metrics (likes, followers, comments) through bots, fake accounts, or other means is strictly prohibited. This maintains the authenticity and credibility of interactions on the platform.
6.2 Misuse of the App within Venues
Users must not engage in disruptive behavior or illegal activities at partner venues. Misuse can lead to immediate suspension from the platform to protect the integrity of the service and its partners.
7. Cancellation Policy
7.1 Notice Requirement
Users must provide at least 48 hours' notice to cancel a collaboration. Failing to do so may result in cancellation fees or other penalties, ensuring that all parties have enough time to adjust their plans.
8. Three Strike Warning System
8.1 Content Posting Requirement
Creators are required to post content as agreed within the specified time frame. Failure to do so will result in a strike against the creator’s account.
8.2 Warning System
After three strikes, your account may be permanently terminated. This system is designed to encourage compliance and ensure that creators consistently meet their obligations.
9. Indemnification and Limitation of Liability
9.1 Indemnity
You agree to indemnify and hold Pingfluence harmless from any claims, damages, or expenses arising from your use of the platform. This protects the platform from legal repercussions related to your actions.
9.2 Limitation of Liability
Pingfluence’s liability is limited to the fullest extent permitted by law. This means that the platform is not responsible for any indirect, incidental, or consequential damages you may experience.
10. Dispute Resolution and Governing Law
10.1 Binding Arbitration
Any disputes arising from these terms will be resolved through binding arbitration, rather than in court. This process is usually faster and less formal than a court trial.
10.2 Governing Law
The terms are governed by the laws of the jurisdiction where Pingfluence operates, ensuring that any legal disputes are resolved under applicable local laws.
11. Modifications to the Terms
11.1 Right to Modify
Pingfluence may modify these terms at any time. If changes are made, continued use of the platform signifies acceptance of the new terms.
12. Miscellaneous
12.1 DMCA Notice
Details the procedures for reporting copyright infringement. This is crucial for protecting intellectual property rights on the platform.
12.2 Electronic Communication
You consent to receive communications from Pingfluence electronically, whether via email or through the app. This ensures effective and efficient communication.
12.3 No Refund Policy
All fees paid to Pingfluence are non-refundable. This policy is clearly stated to avoid any misunderstandings regarding payment.
13. Prohibition on Contacting Venues and Organizers Outside the App
13.1 Restricted Communication
All communication between influencers and venues or organizers must occur exclusively through the Pingfluence app. This policy ensures a streamlined process and protects the integrity of partnerships established through Pingfluence.
13.2 Why This Rule is Important
Preserving Partnerships: Venues partner with Pingfluence to avoid direct influencer outreach. Contacting them outside the app undermines this process and damages relationships.
Fairness: Using the app ensures equal opportunity for all influencers to collaborate with venues, following a transparent and professional procedure.
Operational Efficiency: Centralized communication allows for better tracking and management of collaborations, reducing the risk of miscommunication or confusion.
13.3 Prohibited Activities
Influencers must not:
Directly email, call, or message venues or organizers about pending or declined collaboration requests.
Attempt to negotiate or resolve issues with venues outside the Pingfluence platform.
13.4 Consequences of Violations
Declined Requests: Any collaborations linked to direct external contact may be automatically declined.
Account Suspension: Repeated violations may result in account penalties, including temporary or permanent suspension from Pingfluence.
Loss of Privileges: Influencers who bypass the app may lose access to future offers and collaborations.
13.5 Resolving Issues
If you experience delays or have concerns about a pending request, please contact Pingfluence support through the app. We are here to address your queries and advocate on your behalf with venues.
By adhering to this policy, you contribute to a professional, efficient, and fair collaboration process, fostering trust and maintaining strong relationships between influencers, venues, and Pingfluence.