Influsway Terms & Conditions

Please read these Terms and Conditions carefully. They govern your use of the Influsway website, services, and any related offerings.

1. INTRODUCTORY PROVISIONS 

1. These Terms and Conditions (“Terms”) are entered into by and between you (“User,” “you,” “your,” “Influencer,” or “Business”) and Influsway FZ-LLC, a limited liability company incorporated in the United Arab Emirates with its registered office in Dubai Internet City (hereinafter “Influsway,” “we,” “us,” or “our”).

2. These Terms, together with our Privacy Policy and any other referenced documents, govern your access to and use of www.influsway.com and the Influsway mobile application (collectively, the “Platform”), including any features, functionalities, and services offered through the Platform, whether as a guest, registered user, Influencer, or Business.

3. By accessing, registering, or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease using the Platform.

4. The Platform is not intended for individuals under the age of 18. By registering, you confirm that you are at least 18 years old and legally capable of entering into binding agreements.

2. DEFINITIONS

1. “Affiliate” means, in relation to any party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party.

2. “Agreement” means these Terms and Conditions, the Privacy Policy, and all documents expressly incorporated herein by reference.

3. “Business” means any company, brand, advertiser, or other legal or natural person who registers on the Platform for the purpose of procuring the services of Influencers.

4. “Campaign” means a promotional engagement or job posted by a Business on the Platform and accepted by an Influencer in accordance with these Terms.

5. “Content Bank” means the repository within the Platform where Influencers are required to upload all Deliverables upon completion of a Campaign.

6. “Deliverables” means any and all content, material, or work product (including but not limited to images, posts, videos, reels, stories, text, captions, or any other digital content) created and provided by an Influencer pursuant to a Campaign.

7. “Influencer” means any registered user of the Platform who undertakes Campaigns and provides Deliverables to Businesses.

8. “Platform” means the website, mobile application, and related services provided by Influsway.

9. “Posting Fee” means the separate fee, subscription, or charge payable by Businesses to Influsway for the right to post Campaigns or access Platform services.

10. “Service Fee” means the commission equal to ten percent (10%) of the total Campaign price, deducted from the Influencer’s payout, payable to Influsway for enabling the Campaign transaction.

11. “Strike” means a disciplinary record applied to an Influencer in cases of non-performance or breach.

3. SERVICES PROVIDED

1. Influsway is a digital marketplace which facilitates the connection between Influencers and Businesses for the purpose of executing Campaigns. 

2. Influsway is not an employer, agent, or party to any agreement between Influencers and Business (“MSA”). It acts solely as:

1. A facilitator of introductions;

2. A payment intermediary through licensed third-party processors;

3. An administrator of dispute resolution procedures

3. Influsway does not guarantee: 

1. the success of any Campaign;

2. the authenticity of any Influencer’s following or engagement;

3. the quality or legality of Deliverables;

4. the commercial outcomes of any Campaign.

4. Influsway provides payment facilitation via licensed third-party payment processors. Influsway itself does not hold client funds, provide escrow services, or financial services.

4. ELIGIBILITY AND REGISTRATION

1. To register and account on the Platform you must:

1. be at at least eighteen (18) years of age;

2. possess full legal capacity to enter into binding agreements; and

3. provide accurate, current, and complete registration details.

2. You agree to maintain the confidentiality of your login credentials. Influsway shall not be liable for any unauthorized use of your account.

3. Influsway reserves the right, in its sole discretion, to refuse registration, suspend, or terminate any account where false, misleading, or incomplete information has been provided, or where there has been a breach of these Terms.

5. CAMPAIGNS & DELIVERABLES

1. Businesses may post Campaigns by providing a written brief, requirements, budget, and timeline.

2. Influencers may submit Bids in response to Campaigns, specifying the proposed Deliverables and pricing.

3. A binding agreement between an Influencer and a Business is formed when a Business accepts an Influencer’s Bid, subject always to these Terms and the MSA.

4. Each Influencer undertakes that:

1. Deliverables shall be provided in accordance with the Campaign brief and within the specified timelines;

2. Deliverables shall be uploaded to the Content Bank upon completion;

3. their social media accounts shall remain public during the Campaign;

4. they shall connect their accounts to Influsway via META API, enabling Influsway to extract campaign performance analytics; and

5. they shall not remove Deliverables from their platforms during the Campaign period without prior authorization.

5. Each Business undertakes that:

1. campaign briefs shall be clear, lawful, and not misleading;

2. all fees shall be paid in advance in accordance with Clause 6; and

3. it shall not engage with Influencers off-platform in circumvention of Influsway.

6. Influencers and Businesses are prohibited from off-Platform dealings for twelve (12) months after introduction. Breach constitutes liquidated damages of AED 10,000 payable to Influsway and may result in forfeiture of wallet balances and termination.

6. PAYMENTS & FEES

1. Businesses are required to pay a Posting Fee to Influsway to access Campaign posting rights.

2. All Campaign fees must be fully funded by the Business in advance via Influsway’s payment processor.

3. Upon successful completion of Deliverables, the Influencer shall be entitled to receive the agreed Campaign price, less the Service Fee.

4. Influsway shall deduct a Service Fee of ten percent (10%) from the Influencer’s payout for each Campaign

5. Payouts to Influencers shall be made within seven (7) working days of Business approval of Deliverables.

6. Influsway does not operate as an escrow agent. Funds are held temporarily by licensed third-party payment processors until Deliverables are accepted or a dispute is resolved.

7. Payment processing services for Influencers and Businesses are provided by Stripe. By agreeing to these Terms, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as may be modified by Stripe from time to time. You agree to provide Influsway with accurate and complete information about you and your business, and you authorize Influsway to share it and transaction information related to your use of the payment processing services provided by Stripe.

8. Wallet credits:

1. Refunds are credited to wallet balances only.

2. Wallet credits are non-refundable and may be used only on the Platform.

3. Wallet credits expire twelve (12) months after issuance.

9. In the event of a dispute:

1. Businesses may request up to two (2) revisions of Deliverables;

2. if Deliverables remain unsatisfactory, Influsway may authorize a partial refund to the Business’s Platform wallet and record a Strike against the Influencer;

3. Influsway’s decision in relation to disputes shall be final and binding.

4. Disputes must be raised within seven (7) days of Deliverables submission.

7. PROHIBITED PRACTICES

1. Users are strictly prohibited from engaging in any of the following:

1. falsifying or inflating engagement metrics, including the purchase of fake followers or likes;

2. creating fraudulent accounts or using bots, click farms, or automated systems;

3. engaging in off-platform transactions with the intent of avoiding Influsway’s fees;

4. posting or transmitting unlawful, offensive, defamatory, obscene, or hateful content;

5. infringing the intellectual property rights of any third party;

6. engaging in deceptive, misleading, or unethical marketing practices; or

7. interfering with the security, integrity, or functionality of the Platform.

2. Influsway reserves the right to investigate, suspend, or terminate accounts engaged in prohibited practices and may take legal action where appropriate.

8. CONTENT STANDARDS & INTELLECTUAL PROPERTY

1. Ownership of Deliverables 

Unless otherwise expressly agreed in writing:

1. the Influencer shall retain ownership of all intellectual property rights in the Deliverables;

2. the Influencer hereby grants to the Business a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable licence to use, reproduce, display, distribute, and otherwise exploit the Deliverables for commercial purposes in connection with the Business’s brand or products.

2. Assignment and Sublicensing

1. A Business shall not assign, transfer, or sublicense its rights in the Deliverables to any third party without the prior written consent of the Influencer, except to its Affiliates.

2. If assignment or sublicensing is contemplated, such rights must be expressly stated in the Campaign brief.

3. Influsway Intellectual Property

1. All rights, title, and interest in and to the Platform, including its software, content, branding, trade marks, and design, remain the exclusive property of Influsway.

2. Users are granted a limited, non-transferable licence to access and use the Platform in accordance with these Terms.

4. Content Bank

1. All Deliverables must be uploaded by Influencers to the Content Bank upon completion of a Campaign.

2. Influsway may retain Deliverables in the Content Bank for record-keeping, dispute resolution, and quality assurance.

5. Removal of Content

1. Businesses may request the removal of Deliverables only in the event of a valid dispute, infringement, or breach of applicable law.

2. Otherwise, Influencers retain control over their personal social media pages and may not be compelled to remove or keep content once a Campaign has ended.

3. Notwithstanding any other provision, Influsway reserves the right to immediately delete any Deliverable from the Content Bank without prior notice if it reasonably believes the content violates UAE public morality, laws, or regulations, or upon receipt of a notice from any competent authority.

9. DATA AND ANALYTICS

1. Influencers are required to connect their social media accounts to the Platform via META API.

2. By connecting accounts, Influencers expressly consent to Influsway collecting campaign performance data, including impressions, reach, engagement and demographics.

3. Influsway shall provide such analytics to Businesses as evidence of Deliverables and for campaign performance evaluation.

4. Influencers acknowledge and agree that Influsway may store, analyse, and share performance data with Businesses and use such data to improve Platform services.

10.  REPRESENTATIONS AND WARRANTIES

1. Each User represents and warrants that:

1. they have full power and authority to enter into and perform their obligations under these Terms;

2. all information provided to Influsway is accurate, complete, and up to date;

3. their use of the Platform will comply with all applicable laws, regulations, obtain necessary licences, and follow the advertising codes of practice in the UAE and elsewhere;

4. they shall not use the Platform to promote products or services that are unlawful, prohibited, or contrary to public morality in the UAE;

5. they shall comply with all applicable privacy, consumer protection, and intellectual property laws.

2. Each Influencer further represents and warrants that:

1. Deliverables shall be original, lawful, and free from any claims of infringement;

2. Deliverables shall not contain any misleading, defamatory, or obscene content; and

3. Deliverables shall meet the specifications outlined in the Campaign brief.

3.  Each Business further represents and warrants that:

1. campaign briefs shall be lawful and accurate;

2. any claims made in Campaigns shall be substantiated and not misleading; and

3. it has the right to use any trade marks, brand names, or materials provided to Influencers.

4. The Influencer explicitly warrants that they hold a valid individual license from the National Media Council (UAE Media Council) or are otherwise legally authorized to conduct commercial media activities in the UAE. The Influencer agrees that Influsway has the right to withhold any payouts or suspend accounts immediately if proof of such license is not provided upon request. The Influencer accepts full liability for any fines or penalties levied against Influsway due to the Influencer's failure to maintain valid licensure.

11. DISCLAIMERS & LIMITATION OF LIABILITY

1. The Platform is provided “as is” and “as available” without any warranties of any kind.

2. Influsway expressly disclaims:

1. any warranties of merchantability, fitness for purpose, or non-infringement;

2. any guarantee of Campaign success, sales results, or audience reach; and

3. any liability for actions, omissions, or misconduct of Influencers or Businesses.

3. Influsway does not verify the authenticity of Influencers’ audiences, and Businesses accept the risk of engaging with Influencers.

4. To the maximum extent permitted by law, Influsway shall not be liable for:

1. loss of profits, revenue, or goodwill;

2. indirect, incidental, special, or consequential damages; or

3. any damages arising from the acts or omissions of Influencers or Businesses.

12. INDEMNITY

1. Each User shall indemnify, defend, and hold harmless Influsway, its officers, directors, employees, and Affiliates from and against any and all claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or in connection with:

1. any breach by the User of these Terms;

2. any Deliverables or Campaign content supplied by an Influencer;

3. any Campaign brief, instructions, or materials supplied by a Business;

4. any unlawful or negligent conduct by the User; or

5. any claim that Deliverables infringe the rights of third parties.

2. This indemnity shall survive termination of these Terms.

13. TERMINATION & SUSPENSION

1. Influsway may, at its sole discretion, suspend or terminate a User’s account if:

1. the User breaches these Terms;

2. the User engages in fraudulent, unlawful, or harmful conduct;

3. repeated disputes or Strikes are recorded against an Influencer;

4. Influsway reasonably believes the User’s conduct may harm the reputation of the Platform; or

5. the User attempts to circumvent Influsway’s payment system.

2. Termination shall result in immediate revocation of access to the Platform and cancellation of all pending Campaigns, without refund of Posting Fees or Service Fees.

3. Upon termination:

1. Influencers shall forfeit any pending payouts subject to Influsway’s dispute review;

2. Businesses shall lose access to any unutilised wallet balances, except where refunds are expressly approved; and

3. all licences granted to Users under these Terms shall immediately cease.

14. FORCE MAJEURE

1. Influsway shall not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, wars, strikes, governmental actions, internet failures, or the unavailability of third-party platforms (such as social media networks).

2. In such cases, obligations shall be suspended for the duration of the force majeure event.

15. CHANGES TO TERMS

1. Influsway may amend these Terms from time to time. Updated versions will be posted on the Platform.

2. Continued use of the Platform constitutes acceptance of the revised Terms.

16. GOVERNING LAW & DISPUTE RESOLUTION

1. These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai.

2. The parties irrevocably submit to the exclusive jurisdiction of the competent courts of Dubai, United Arab Emirates, in respect of any dispute, controversy, or claim (whether contractual or non-contractual) arising out of or in connection with these Terms, their subject matter, or formation.

3. Nothing in this clause shall prevent Influsway from seeking interim or injunctive relief in any jurisdiction where such relief is necessary to protect its intellectual property or confidential information.

17. CLASS ACTION WAIVER

1. Each User agrees that any claim, dispute, or controversy arising out of or in connection with these Terms shall be brought solely on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding.

2. Users expressly waive any right to participate in a class action, collective action, or other representative proceeding against Influsway.

3. This waiver applies to any proceedings before the Dubai Courts or any other forum.

18. MISCELLANEOUS

1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, representations, negotiations, and agreements.

2. Amendments. No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and published by Influsway on the Platform.

3. Assignment. Influsway may assign, novate, or transfer its rights and obligations hereunder without restriction. Users may not assign or transfer their rights or obligations without the prior written consent of Influsway.

4. No Waiver. No failure or delay by Influsway in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof.

5. Severability. If any provision of these Terms is held invalid or unenforceable by a competent authority, such provision shall be severed, and the remainder shall continue in full force and effect.

6. No Partnership or Agency. Nothing in these Terms shall be deemed to create any partnership, joint venture, employment, or agency relationship between Influsway and any User.

7. Third-Party Rights. Except as expressly stated, no person other than the parties hereto shall have any rights to enforce any term of these Terms.

8. Survival. Provisions relating to intellectual property, confidentiality, liability, indemnity, dispute resolution, and any other provision which by its nature is intended to survive termination, shall survive the termination or expiration of these Terms.

9. Governing Language. These Terms are prepared in the English language. In the event of any conflict between translations, the English version shall prevail.

10. Notices. All notices or communications required under these Terms shall be in writing in English and delivered by email. Notices to Influsway shall be sent to. Notices to Users shall be sent to the email address associated with their account and deemed delivered upon dispatch.

19. CONTACT

1. For questions, complaints, or notices under these Terms, please contact:
   
   

Influsway FZ-LLC

Dubai Internet City, United Arab Emirates

Email: