Terms and Conditions of Pingfluence

Eligibility: You must be at least 18 years old to register for an account on Pingfluence. By creating an account, you represent and warrant that you are at least 18 years old.

Account Information: You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Password Protection: You are responsible for choosing a strong and secure password for your account. You agree to keep your password confidential and not share it with anyone else. You are solely responsible for any unauthorized use of your account.

Security Measures: We implement reasonable security measures to protect your account and personal information. However, we cannot guarantee the absolute security of your account and information. You acknowledge and accept the risks associated with using the App.

Termination: You may terminate your account at any time by contacting our support team or through the account settings in the App. We reserve the right to terminate or suspend your account, without prior notice, for any reason, including but not limited to violation of these Terms or any applicable laws or regulations.

Effect of Termination: Upon termination of your account, your access to the App and its features will be disabled. Any content or data associated with your account may be deleted, except as required by applicable law.

Your account may be suspended at any time without prior notice, for any reason.

Age Verification

Prohibition of Manipulation of Engagement and Followers

Your Representations: By using the App, you represent and warrant that: a) You have the legal capacity to enter into these Terms. b) You will comply with all applicable laws, rules, and regulations in connection with your use of the App. c) Any content you post or share on the App does not infringe the rights of any third party.

Limited License: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.

Prohibited Activities: You agree not to: a) Use the App for any illegal or unauthorized purpose. b) Modify, adapt, translate, or reverse-engineer the App. c) Interfere with or disrupt the functionality of the App. d) Use any automated means or scrape data from the App. e) Transmit any viruses, malware, or other malicious code. f) Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

Ownership: Pingfluence and its associated logos are trademarks or registered trademarks owned by Pingfluence or its licensors. You may not use these trademarks without our prior written consent.

Cancellation Notice: To cancel an offer, you must notify the venue at least 48 hours before the scheduled date and time of the offer. Failure to cancel within this period may result in cancellation costs as determined by the offer.

Content Posting Warning: If you fail to post content within the specified period agreed upon with the venue, you will receive a warning from Pingfluence. After three warnings, your account may be suspended or terminated.

Legal Compliance: You agree to comply with all applicable laws, rules, and regulations in connection with your use of the App, including but not limited to privacy laws, anti-spam laws, and intellectual property laws.

Indemnity: You agree to indemnify and hold Pingfluence, its affiliates, officers, directors, agents, and employees harmless from any claims, demands, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the App, violation of these Terms, or violation of any rights of any third party.

Data Protection: We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information and your rights regarding your personal data.

We reserve the right to modify or replace these Terms at any time, without prior notice. The most current version of the Terms will be posted on the App. Users are responsible for reviewing the Terms periodically. Continued use of the App after any modifications to the Terms constitutes acceptance of those modifications.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Pingfluence operates. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the competent courts of that jurisdiction.

Venue Discretion: Pingfluence allows users to make offers to venues for promotional purposes. However, please note that a venue has the sole discretion to accept or reject offers as they see fit.

Right to Reject: A venue retains the right to reject an offer for any reason, including but not limited to capacity constraints, scheduling conflicts, or any other factor that the venue considers appropriate. The decision of the venue regarding the acceptance or rejection of an offer is final and binding.

Cancellation Notice: Users must cancel an offer at least 48 hours before the scheduled date and time, or they will be subject to the cancellation policy set forth below.

Cancellation Costs: Should a user fail to cancel an offer within the specified 48-hour notice period, they may be subject to cancellation costs as determined by the offer. These costs may vary depending on the specific terms agreed upon between the user and the venue.

Content Posting Requirement: Users are responsible for posting the agreed-upon content within the specified period as agreed upon with the venue.

Warning and Cancellation Cost: In the event that a user fails to post the required content within the specified period, Pingfluence may issue a warning to the user. Additionally, the user may be subject to a cancellation cost as determined by the offer.

Warning System: Pingfluence operates a three-strike warning system for users who fail to meet their obligations, including failing to post content within the specified period.

Account Closure: If a user receives three warnings for failure to meet their obligations, Pingfluence reserves the right to close the user's account permanently. Account closure is at the sole discretion of Pingfluence.

Immediate Account Suspension: Any misuse of the app within venues, including but not limited to disruptive behavior, violation of venue policies, or engaging in illegal activities, will result in an immediate suspension of the user's account.

Data Confidentiality: Pingfluence respects the confidentiality of your app data. We will not share any user or venue data with our competitors or any third party without your explicit consent, except as required by law or in compliance with a legal obligations.

Content Ownership: By using Pingfluence and tagging your content with our handle or using our branded hashtags, you grant Pingfluence a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publish your content for the purpose of promoting and marketing the App.

By uploading content through the Pingfluence app, you grant Pingfluence a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publish your content for the purpose of promoting and marketing the App.

Extended Use by Collaborating Businesses: In addition to the license granted to Pingfluence, by tagging your content with our handle, using our branded hashtags, or uploading content through the Pingfluence app, you also grant each business that you collaborate with through the Pingfluence platform a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly display, and publish your content, but solely in connection with the promotion and marketing of their collaboration with you via the App. This license to collaborating businesses is intended to facilitate the mutual promotion of both influencer and business within the scope of their collaboration as facilitated by Pingfluence.

Copyright Infringement: Pingfluence respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon, please provide us with a DMCA (Digital Millennium Copyright Act) notice containing the following information: a) A description of the copyrighted work you claim has been infringed. b) Identification of the material that is claimed to be infringing and its location within the App. c) Your contact information, including your name, address, telephone number, and email address. d) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law. e) A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Consent to Electronic Communication: By using the App, you consent to receive electronic communications from Pingfluence, including but not limited to notifications, updates, and marketing materials. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

Minimum Age Requirement: Pingfluence is not intended for use by individuals under the age of 18. We do not knowingly collect personal information from children under the age of 18. If we become aware that we have inadvertently collected personal information from a child under the age of 18, we will take steps to delete that information from our servers.

Data Collection: Pingfluence collects and processes personal information in accordance with applicable data protection laws and our Privacy Policy. By using the App, you consent to the collection, storage, and processing of your personal information as described in the Privacy Policy.

Third-Party Content: The App may contain links to third-party websites and apps for your convenience. Pingfluence does not endorse or assume any responsibility for the content, privacy practices, or terms and conditions of third-party websites or apps. Your use of third-party websites or apps is at your own risk.

User Ratings: Users may have the ability to rate and provide feedback on venues and their experiences within the App. You agree to provide accurate and honest feedback and ratings based on your personal experiences.

Limitation of Liability: Pingfluence, its affiliates, officers, directors, agents, and employees shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, resulting from your use of the App or any content accessed through the App.

App Availability: Pingfluence does not guarantee continuous, uninterrupted, or secure access to the App. The App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Pingfluence shall not be liable for any such issues.

Content Accuracy: Pingfluence does not warrant or make any representations regarding the accuracy, completeness, or reliability of any content or information provided through the App. You acknowledge that any reliance on such content or information is at your own risk.

Results Guarantee: Pingfluence does not guarantee any specific results or outcomes from the use of the App or the services provided therein. The success of offers, promotions, and marketing campaigns is subject to various factors beyond Pingfluence's control.

Compliance: Pingfluence complies with the CAN-SPAM Act regarding commercial email communications. You may unsubscribe from our marketing communications at any time by following the instructions provided in the email.

Refunds: Pingfluence operates on a no-refund policy. Any fees paid for the use of the App or services provided therein are non-refundable, except as required by applicable law.

Arbitration: Any dispute arising out of or relating to these Terms or your use of the App shall be resolved through binding arbitration in accordance with the rules of the designated arbitration organization.

Jurisdiction: These Terms and your use of the App shall be governed by and construed in accordance with the laws of the jurisdiction in which Pingfluence operates.

License Grant: By using the App, you grant Pingfluence a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display any copyrighted materials you upload or provide through the App.

Eligibility:

Affiliate Responsibilities:

Payout Eligibility:

Commission Structure:

Tracking and Reporting:

Prohibited Activities:

Intellectual Property:

Termination:

Modification of Terms:

Complaint Procedure: If you have any complaints, questions, or concerns regarding the App or these Terms, please contact our support team using the contact information provided in the App. We will make reasonable efforts to address and resolve your complaints in a timely manner.