Last Updated: May 26, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and Influenxio, LLC, a Delaware limited liability company ("Influenxio," "we," "us," or "our"), governing your access to and use of our platform, which includes our website at https://influenxio.ai, our web application at https://app.influenxio.ai, our application programming interfaces (APIs), and all related tools, features, and services (collectively, the "Platform").
The Platform is an AI-assisted influencer marketing solution that connects brands, advertisers, and agencies ("Brands") with content creators, influencers, and publishers ("Creators"). Through the Platform, Brands and Creators collaborate on sponsored content campaigns facilitated by AI-assisted content creation and distribution tools.
By accessing, registering for, clicking "I Agree," or otherwise indicating your acceptance of these Terms, you agree to be bound by these Terms, our Privacy Policy (available at https://influenxio.ai/privacy), and any additional guidelines, policies, or rules that we incorporate by reference (collectively, the "Agreement"). If you do not agree to the Agreement, you may not access or use the Platform.
If you are accessing or using the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In such cases, "you" and "your" refer to that entity.
Influenxio reserves the right to update, modify, or revise these Terms at any time. We will notify you of material changes by sending an email to the address associated with your account or by posting a notice on the Platform. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. The most current version of these Terms is always available at https://influenxio.ai/tos.
You must be at least eighteen (18) years of age to access or use the Platform. No exceptions apply. By using the Platform, you represent and warrant that you are at least eighteen (18) years old, that you have the legal capacity to enter into a binding contract, and that you are not prohibited by any applicable law from using the Platform. If you have previously had an account terminated by Influenxio, you may not create a new account or access the Platform unless you have received prior written permission from Influenxio.
The Platform is intended for users located in the United States. The Platform is not directed at, marketed to, or intended to solicit users in the European Economic Area, the United Kingdom, or Switzerland. Users who access the Platform from locations outside the United States do so at their own risk and are solely responsible for compliance with all applicable local laws and regulations.
The Platform is not directed to individuals under the age of eighteen (18). If Influenxio discovers or is notified that a user is under eighteen (18) years of age, we will promptly terminate that user's account and delete all associated personal information.
To access certain features of the Platform, you must create an account. Creators register for the Platform using Google (Gmail) login. Brands register using a business email address or company credentials. All users must provide accurate, current, and complete information during registration and must keep such information up to date.
As part of the registration process, Creators are required to connect at least one supported social media account. Currently supported platforms include Instagram (via the Meta API), and additional platforms may be made available from time to time. By connecting a social media account, you authorize Influenxio to access data permitted by the applicable platform APIs and permission scopes, including account information, post data, audience analytics, and performance metrics. You may revoke access to any connected social media account at any time through the applicable platform's settings; however, doing so may limit your ability to use certain features of the Platform. During registration, you must select your country of residence. If you select a country located in the European Economic Area, the United Kingdom, or Switzerland, you will not be permitted to complete registration, and the Platform will display a notice that it is not available in your region.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to use strong, unique credentials and to refrain from sharing your login information with any third party. You must immediately notify Influenxio at hello@influenxio.ai if you become aware of any unauthorized access to or use of your account. You must log out of your account when using shared or public devices. Influenxio shall not be liable for any loss or damage arising from your failure to maintain the security of your account.
Each user is permitted to maintain only one account on the Platform. The creation of duplicate, fraudulent, or multiple accounts by a single user is prohibited and may result in the permanent suspension of all associated accounts.
Influenxio provides a suite of tools and services through the Platform, including:
The Platform uses artificial intelligence tools to generate and optimize promotional content. AI-assisted content generation is based on the following inputs:
AI-generated content is designed to align with each Creator's general style while meeting Brand campaign requirements. The Platform may adjust the wording, tone, and presentation of content for clarity, readability, and audience fit without altering factual information. Influenxio does not guarantee the accuracy or completeness of any AI-generated content. AI outputs may contain errors, inaccuracies, or visual artifacts. Brand review and approval of campaign content occurs before campaign invitations are sent to Creators. Final publication of any content occurs only after Brand review and Creator acceptance. The Platform acts only as a tool to assist with content optimization and does not make or substantiate product claims. The Platform does not verify the accuracy of product-related information or Brand Uploaded Materials supplied by Brands; by providing or approving such information on the Platform, Brands represent and confirm that the information they use or approve is truthful and not misleading. Brands are solely responsible for the accuracy, substantiation, and legal compliance of all product or service claims contained in Brand Uploaded Materials. Creators shall publish promotional content strictly based on the brand-approved materials provided through the Platform and shall not add, remove, or modify statements in a manner likely to cause the content to be perceived as the Creator's independent, genuine personal experience or performance endorsement, unless such statements are truthful and expressly approved in writing by Influenxio.
Creators may upload Creator Uploaded Materials during profile setup to inform AI-generated content that reflects the Creator's general appearance, voice, and content style. Alternatively, Creators may choose to operate as "faceless Creators," in which case AI-generated content will be based on non-identifying stylistic inputs only. Uploaded media files, including Creator Uploaded Materials and Brand Uploaded Materials, are used to:
Uploaded media files are NOT used for:
Internal model training is limited to improving the quality, accuracy, and personalization of AI-generated content on the Platform and does not involve sharing uploaded media files or derived model data with third parties.
Once incorporated into a fine-tuned model, the influence of the underlying training data is reflected in the model's weights as generalized stylistic, visual, and audio patterns rather than as discrete, identifiable copies of the source files. Because of the nature of machine-learning model weights, Influenxio cannot surgically remove or unlearn the contribution of any particular Creator Uploaded Materials or Brand Uploaded Materials from a model that has already been trained. Deletion requests will be honored by deleting raw training inputs, suppressing those inputs from future training pipelines, and discontinuing further use of those inputs as reference materials, as further described in Section 9.3. Fine-tuned models containing generalized patterns derived from prior training may continue to be used across the Platform, subject to the limitations in this Section 4.3.
Consent Under California Assembly Bill 2602. By uploading photos, videos, and voice files and agreeing to these Terms, you provide clear and conspicuous consent for Influenxio to use your uploaded media files as reference inputs and internal model training data for AI-generated content depicting your general likeness, appearance, and voice in connection with campaigns on the Platform. You acknowledge that: (a) this consent covers the use of your uploaded media files to fine-tune Influenxio's AI models and the creation of AI-generated content reflecting your general appearance, voice, and style; (b) you may revoke this consent prospectively at any time by removing your media files from the Platform and notifying Influenxio at hello@influenxio.ai; (c) revocation of consent does not affect content that has already been generated or published prior to revocation; and (d) you have the right to consult legal counsel before providing this consent.
Each Creator represents and warrants that the Creator owns all necessary rights to the Creator Uploaded Materials, including all applicable image, voice, and likeness rights.
Biometric Data Disclaimer. Influenxio does not collect, store, or process biometric identifiers or biometric information as defined under applicable biometric privacy laws, including the Illinois Biometric Information Privacy Act (740 ILCS 14); photos, videos, and voice files uploaded to the Platform are used as stylistic reference inputs and internal model training data for AI-assisted content generation as described in this Section 4.3.
Influenxio will use commercially reasonable efforts to make the Platform available. The Platform is provided on an "as is" and "as available" basis. Influenxio may suspend, modify, or discontinue any part of the Platform at any time, with or without notice. Influenxio does not guarantee that the Platform will be available on an uninterrupted, timely, secure, or error-free basis. AI-generated content produced through the Platform includes machine-readable provenance data (such as C2PA metadata) to identify content as AI-generated, in accordance with applicable law.
If you provide Influenxio with any feedback, comments, ideas, or suggestions regarding the Platform (including the AI features, content generation tools, AI-generated outputs, model performance, or any Influenxio products or services) ("Feedback"), you hereby assign to Influenxio all rights in such Feedback and agree that Influenxio shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate, including, without limitation, incorporating such Feedback into the Platform, training or improving the AI models used by the Platform, or developing other Influenxio offerings. Influenxio will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Influenxio any information or ideas that you consider to be confidential or proprietary.
Brands register for the Platform using a business email address or company credentials. By creating a Brand account, you represent and warrant that you have the authority to bind the company or entity on whose behalf you are registering. You must provide accurate and complete information during the registration process and keep such information up to date.
The Platform is offered to Brands on a software-as-a-service (SaaS) basis. A paid subscription plan is required to access Brand features. Influenxio offers multiple subscription tiers, each with different features, limits, and service levels. Current pricing and plan details are available at https://influenxio.ai/pricing.
UGC post credits included in a subscription plan are provided on a use-it-or-lose-it basis. Unused credits do not roll over to subsequent billing periods and expire at the end of each billing cycle without refund.
IMPORTANT: YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE.
By subscribing to a paid plan, you authorize Influenxio to charge the applicable subscription fee to your designated payment method on a recurring basis. Your subscription will automatically renew at the end of each billing period at the then-current rate. To cancel your subscription, you must do so through your account settings or by contacting hello@influenxio.ai at least five (5) business days before the next scheduled renewal date. Influenxio will send confirmation of your subscription terms to the email address on file, in compliance with California Business and Professions Code Section 17600 et seq.
Subscription fees and campaign fees are non-refundable. If you believe a billing error has occurred, you must contact Influenxio at hello@influenxio.ai within thirty (30) days of the charge. Influenxio will review the matter and may, in its sole discretion, issue a refund or account credit. If a Brand cancels a campaign after content has been published by a Creator, the full campaign fee remains due and payable.
Creators receive campaign invitations through the Platform. Participation in any campaign is voluntary; Creators may accept or decline any invitation at their discretion. Creator participation in campaigns is governed by the Creator Services Agreement ("CSA"), a clickthrough agreement available on the Platform, which sets forth campaign-specific terms including compensation, deliverables, content requirements, and usage rights.
Users shall not remove, alter, or obscure any disclosures, labels, or metadata included in content generated or distributed through the Platform. All content published through the Platform must comply with applicable advertising disclosure requirements, including Federal Trade Commission guidelines regarding endorsements and testimonials and applicable state and federal laws governing the disclosure of AI-generated or synthetic media, including the New York Synthetic Media Disclosure Act and any similar synthetic media or generative AI disclosure laws as enacted from time to time. Creators are solely responsible for enabling all applicable social media platform features required for sponsored and AI-generated content on their connected accounts, including but not limited to paid partnership labels (such as Instagram's "Paid Partnership" label) and AI-generated content toggles (such as Instagram's "Made with AI" toggle), as required by the applicable social media platform's policies and applicable law. Failure to enable required platform labels does not relieve the Creator of liability for non-compliant disclosures. The foregoing AI-disclosure obligations apply regardless of the extent to which a Creator has edited, modified, or contributed to the final published content ("Creator Modifications"), where the underlying visual assets or audio were generated by Influenxio's AI systems using Creator Uploaded Materials or Brand Uploaded Materials. A Creator's co-authoring role, including selecting among generated images, adjusting visual components, or rewriting captions in the Creator's own voice, does not eliminate the AI-generated nature of the underlying depiction for disclosure purposes.
Creators are solely responsible for reporting and paying all applicable taxes on compensation received through the Platform. Influenxio may collect tax documentation, including IRS Forms W-9 and W-8BEN, as required by applicable law and may withhold amounts as required by law. Creators are encouraged to consult with a qualified tax advisor regarding their tax obligations.
Creators may invite other individuals to join the Platform as Creators through Influenxio's referral program. Both the referring Creator and the referred Creator may receive a referral reward when the referred Creator publishes their first qualifying campaign post through the Platform. All referral rewards are subject to verification and anti-fraud review. The following conditions apply:
Creators retain ownership of all original materials they create or provide, including Creator Uploaded Materials. Nothing in these Terms transfers ownership of any Creator's pre-existing intellectual property to Influenxio, except as may be set forth in a separate licensing or campaign agreement. Campaign-specific IP terms, including any work-for-hire designations, are governed by the Creator Services Agreement.
By publishing campaign content through the Platform, each Creator grants Influenxio a non-exclusive, royalty-free, worldwide license to use published campaign content (including images, likeness, and performance data) for Influenxio's own marketing and promotional purposes, subject to the following limitations:
This license is limited to Influenxio's own promotional use and does not include any right to sublicense such content to third parties. The no-sublicense limitation in this Section 7.2 applies solely to the marketing license granted herein; campaign content usage, including any sublicensing to Brands, is governed by the Creator Services Agreement. The licensing rights described in this Section 7.2 are included as part of the Platform's service structure, and no separate fees are payable to Creators for such use.
Creators may opt out of the license granted in Section 7.2 by sending a written notice to hello@influenxio.ai. Opt-out requests will be honored on a prospective basis only and will not affect content that is already in use at the time the opt-out notice is received.
Brands retain ownership of all Brand Uploaded Materials they upload to or provide through the Platform. By uploading content to the Platform, each Brand grants Influenxio a limited, non-exclusive license to use such assets solely as necessary to provide the Platform's services, including AI-assisted content generation and campaign management.
Content generated through the Platform's AI tools may constitute a joint work incorporating contributions from the Creator, the Brand, and the AI system. Users acknowledge that AI-generated content may not be eligible for copyright protection under current United States copyright law. Influenxio makes no warranties regarding the intellectual property status of AI-generated content. Users are encouraged to consult legal counsel regarding the protectability and ownership of AI-generated works.
The Platform, including all software, code, designs, text, graphics, logos, trademarks, service marks, and other intellectual property displayed on or through the Platform, is owned by or licensed to Influenxio and is protected by applicable intellectual property laws. You may not copy, modify, reverse engineer, decompile, disassemble, or create derivative works of any part of the Platform. These Terms grant you no rights to the Platform's intellectual property beyond the limited license to use the Platform in accordance with these Terms.
You retain full responsibility for all content that you upload, post, transmit, or otherwise make available through the Platform, including Creator Uploaded Materials and Brand Uploaded Materials (collectively, "User Content"). By submitting User Content, you represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions to submit such content; (b) your User Content does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party; (c) your User Content is accurate and not misleading; and (d) your User Content complies with all applicable laws and regulations.
You agree that you will not use the Platform to:
Any individual who believes that non-consensual intimate imagery has been created or distributed through the Platform may submit a removal request to hello@influenxio.ai. Influenxio will investigate all such reports and will remove identified content within forty-eight (48) hours.
Influenxio reserves the right, but has no obligation, to monitor, review, or remove any User Content at any time and for any reason. Influenxio may remove content that violates these Terms or that Influenxio, in its sole discretion, determines to be harmful, offensive, or otherwise objectionable. Influenxio shall not be liable for any failure to remove User Content or for the actions of any user. Influenxio is not responsible for User Content posted by any user of the Platform.
Each user of the Platform is solely responsible for any and all of its own User Content, Creator Uploaded Materials, Brand Uploaded Materials, and other interactions with other users. Because Influenxio does not control User Content, you acknowledge and agree that Influenxio is not responsible for any User Content, whether provided by you or by others. Influenxio makes no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Content. Your interactions with Brands, Creators, and other Platform users (including any campaign negotiations, content collaboration, payment disputes, or other dealings) are solely between you and such users, and Influenxio is not obligated to become involved. You agree that Influenxio will not be responsible for any loss or damage incurred as the result of any such interactions.
You hereby release and forever discharge Influenxio and the Influenxio Parties from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, your use of the Platform (including any interactions with, or act or omission of, other Platform users, any Brand, any Creator, or any AI-generated content). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." Nothing in this Section 8.4 limits any non-waivable rights that you may have under applicable law.
Your use of the Platform is subject to the Influenxio Privacy Policy, which is incorporated into this Agreement by reference and available at https://influenxio.ai/privacy. The Privacy Policy describes how Influenxio collects, uses, and shares your personal information, including information obtained through social media integrations. Brand users who are subject to data protection laws may request a Data Processing Addendum by contacting hello@influenxio.ai.
In connection with the Platform, Influenxio collects and uses the following categories of data:
Influenxio may create, use, and disclose aggregated, anonymized, or de-identified data derived from Platform usage for analytics, benchmarking, and improvement purposes. Such data will not reasonably identify any individual user.
Users may request account closure and deletion of their personal data by contacting hello@influenxio.ai. Influenxio will acknowledge a verified deletion request within ten (10) business days and will delete personal data from active systems within forty-five (45) calendar days of receiving the verified request. Influenxio may extend this period by an additional forty-five (45) calendar days, provided that Influenxio notifies you of the extension and the reason for the delay within the initial forty-five (45) day period. Influenxio will direct its service providers and contractors to delete applicable user data in accordance with the foregoing. Deletion is subject to the following exceptions:
Personal data flagged for deletion will not be used for any operational purpose pending removal. Personal data contained in encrypted backup archives will be purged in the ordinary course of Influenxio's backup rotation schedule, which occurs within ninety (90) days of the deletion flag; Influenxio will not restore flagged data from backup for any purpose other than security incident response or legal compliance.
With respect to data used to train Influenxio's AI models, deletion will be effected by: (i) deleting the raw training inputs (including uploaded photos, videos, voice files, and style data) from Influenxio's datasets; (ii) suppressing those inputs from future training pipelines; and (iii) discontinuing the use of those inputs as reference materials in new AI generations. As described in Section 4.3, Influenxio cannot surgically remove or unlearn the contribution of any individual user's inputs from a model that has already been trained, and the parties acknowledge that this approach reflects current industry practice and the present state of machine-learning technology.
In addition to honoring user deletion requests, Influenxio will delete or de-identify personal information when it is no longer necessary for the purposes for which it was collected, as required by the CCPA/CPRA.
Where Influenxio elects to de-identify personal information in lieu of deletion (for example, by replacing names with randomized aliases or images with placeholders within campaign records), Influenxio will (a) implement technical safeguards that prohibit re-identification of the underlying individual, (b) maintain internal business processes that specifically prohibit attempts to re-identify de-identified data, and (c) impose contractual obligations on any downstream recipient of such de-identified data prohibiting re-identification, in each case to meet the de-identification standard under the CCPA/CPRA.
Content that has previously been published to a third-party social media platform under a Creator's own account is within the Creator's control, and Influenxio is not responsible for, and has no obligation to remove, such published content from any third-party platform. Upon receipt of a verified deletion request, Influenxio will (i) notify the requesting Creator that any content the Creator has already published through a third-party platform remains within the Creator's control to remove, (ii) remove or de-identify any cached or stored copies of such published content within Influenxio's own systems, and (iii) where any Brand holds a continuing license to such content, notify the applicable Brand that the Creator has exercised a deletion right and that the Brand should review the applicable license terms.
California residents have additional rights under the California Consumer Privacy Act and the California Privacy Rights Act (collectively, "CCPA/CPRA"), including the right to know what personal information is collected, the right to delete personal information, the right to correct inaccurate personal information, the right to opt out of the sale or sharing of personal information, and the right to non-discrimination for exercising these rights. For more information about these rights and how to exercise them, please refer to our Privacy Policy or contact us at hello@influenxio.ai.
Brands agree to pay all applicable fees in accordance with the pricing terms for their selected subscription plan. All fees are denominated in United States Dollars (USD) and are exclusive of applicable taxes unless otherwise noted.
Subscription fees are billed in advance on a quarterly or annual basis, as applicable. All payments are processed through third-party payment processors. By subscribing to a paid plan, you authorize Influenxio and its designated payment processor to charge the applicable fees to your designated payment method.
Influenxio reserves the right to suspend or terminate your access to the Platform if payment is not received when due. Any overdue amounts may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law.
Creator compensation is facilitated through third-party payment providers in accordance with the terms of the Creator Services Agreement. The timing or amount of payment may depend on the applicable payment provider's processing schedules, service fees, withholding rules, and other applicable regulations. Influenxio is not responsible for delays caused by third-party payment providers. If a Creator violates these Terms or fails to publish content in accordance with applicable campaign requirements, eligibility for compensation for the affected campaign may be revoked.
Additional payment terms may be set forth in a separate Payment Terms document, which, if provided, is incorporated into this Agreement by reference.
Influenxio respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act of 1998 (17 U.S.C. Section 512) ("DMCA"). Influenxio will respond to valid notices of alleged copyright infringement that comply with the DMCA and will take appropriate action, including removing or disabling access to material that is claimed to be infringing.
Influenxio's designated agent for receiving notifications of claimed copyright infringement is:
DMCA Agent
Influenxio, LLC
400 Concar Dr, Office 04-135
San Mateo, CA 94402
Phone: (650) 773-6896
Email: hello@influenxio.ai
To file a DMCA takedown notice, you must provide the following information in writing to the designated agent:
Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification of claimed copyright infringement automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by Influenxio in connection with the written notification and allegation of copyright infringement.
If you believe that content you posted on the Platform was removed or disabled by mistake or misidentification, you may submit a counter-notification to the designated agent with the following information:
Upon receipt of a valid counter-notification, Influenxio will forward it to the original complaining party and will restore the removed material within ten (10) to fourteen (14) business days unless the complaining party files a court action seeking to restrain the user from engaging in infringing activity.
In accordance with the DMCA, Influenxio has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers of copyright. Influenxio may also, in its sole discretion, limit access to the Platform or terminate the account of any user who infringes the intellectual property rights of others, regardless of whether there is any repeat infringement.
Influenxio will process all DMCA takedown notices and counter-notifications in good faith. However, Influenxio reserves the right to remove content that it believes, in good faith, to be infringing, regardless of whether a formal notice has been received.
Each Brand agrees to indemnify, defend, and hold harmless Influenxio, the Influenxio Parties (as defined below), and Creators, from and against any and all claims, losses, damages, liabilities, costs, penalties, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any false or misleading factual information provided or approved by the Brand, including product claims, health claims, or other representations contained in Brand Uploaded Materials; (b) any violation of applicable advertising or consumer protection laws by the Brand; (c) any Brand Uploaded Materials or Brand content, images, videos, files, assets or other intellectual property otherwise provided or submitted to the Platform; or (d) any breach of these Terms by the Brand. Brands acknowledge that Influenxio does not verify or substantiate the accuracy of product-related information supplied by Brands, and that by providing or approving such information on the Platform, Brands assume full legal responsibility for its truthfulness and compliance with applicable law.
Each Creator agrees to indemnify, defend, and hold harmless the Influenxio Parties from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any Creator Uploaded Materials; (b) any unauthorized alterations the Creator makes to campaign content or caption after approval; (c) any false claims of personal experience with a product or service; (d) any failure by the Creator to make required advertising disclosures; (e) any violation of the rights of any third party; or (f) any breach of these Terms by the Creator.
Influenxio is not responsible for verifying the accuracy of product claims, representations, or descriptions provided by Brands. Influenxio's own indemnification obligations, if any, are limited to those expressly set forth in separate written agreements between Influenxio and the applicable party.
THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INFLUENXIO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INFLUENXIO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INFLUENXIO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE ON OR THROUGH THE PLATFORM.
AI-GENERATED CONTENT PROVIDED THROUGH THE PLATFORM MAY CONTAIN ERRORS, INACCURACIES, OR VISUAL ARTIFACTS. INFLUENXIO DOES NOT WARRANT THE ACCURACY OF ANY AI-GENERATED LIKENESS OR REPRESENTATION. ARTIFICIAL INTELLIGENCE SYSTEMS ARE INHERENTLY IMPERFECT, AND USERS SHOULD REVIEW ALL AI-GENERATED CONTENT BEFORE PUBLICATION OR RELIANCE. INFLUENXIO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, QUALITY, OR ACCURACY OF AI-GENERATED OUTPUTS FOR ANY PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INFLUENXIO OR INFLUENXIO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE platform, EVEN IF INFLUENXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE platform IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY ($50) US DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These Terms and any dispute arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Please read the following arbitration agreement in this Section 15.2 (the "Arbitration Agreement") carefully. It requires you to arbitrate disputes with Influenxio, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the "Influenxio Parties") and limits the manner in which you can seek relief from the Influenxio Parties.
Applicability of Arbitration Agreement. You agree that any dispute between you and any of the Influenxio Parties relating in any way to the Platform, the services offered on the Platform, or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Influenxio Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Influenxio Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Influenxio Parties on your behalf. For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of these Terms or any prior versions of these Terms, as well as claims that may arise after the termination of these Terms.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Influenxio. If that occurs, Influenxio is committed to working with you to reach a reasonable resolution. You and Influenxio agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome. You and Influenxio therefore agree that before either party commences arbitration against the other, or initiates an action in small claims court if a party so elects, the parties will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (an "Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (a "Notice"), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Influenxio that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to hello@influenxio.ai. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your account, if you have one; (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section 15.2(b).
Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve satisfactorily within 60 days after receipt of your Notice, you and Influenxio agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and Procedures available at JAMS Streamlined Rules; all other claims shall be subject to JAMS' most current version of the Comprehensive Arbitration Rules and Procedures, available at JAMS Comprehensive Rules. JAMS' rules are also available at JAMS or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). The Request must include: (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration, and the account username, if applicable, as well as the e-mail address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and e-mail address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Influenxio otherwise agree, or the Batch Arbitration process discussed in Section 15.2(h) is triggered, the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
You and Influenxio agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to the subsection entitled "Waiver of Class or Other Non-Individualized Relief," including any claim that all or part of the subsection entitled "Waiver of Class or Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subsection entitled "Waiver of Class or Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in the subsection entitled "Batch Arbitration," all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in the subsection entitled "Batch Arbitration." The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum's rules, and these Terms, including this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award, or decision not to render an award, is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The award of the arbitrator is final and binding upon you and Influenxio. Judgment on the arbitration award may be entered in any court having jurisdiction.
Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 15.2(a), YOU AND THE INFLUENXIO PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Influenxio Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 15.2(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. YOU AND INFLUENXIO AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 15.2(h), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 15.2(h), entitled "Batch Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection, "Waiver of Class or Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief, such as a request for public injunctive relief, you and Influenxio agree that that particular claim or request for relief, and only that particular claim or request for relief, shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Influenxio from participating in a class-wide settlement of claims.
Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b). If you or Influenxio need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Influenxio agree that in the event that there are 100 or more individual Requests of a substantially similar nature filed against Influenxio by or with the assistance of the same law firm, group of law firms, or organizations, within a 30-day period, or as soon as possible thereafter, JAMS shall (1) administer the arbitration demands in batches of 100 Requests per batch, plus, to the extent there are fewer than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing, if any, in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").
All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by Influenxio.
You and Influenxio agree to cooperate in good faith with JAMS to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
(i) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out by email to hello@influenxio.ai, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
(j) Invalidity, Expiration. Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief," if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Influenxio as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitations for that claim or controversy, or it will be forever time-barred. Likewise, you agree that all applicable statutes of limitations will apply to such arbitration in the same manner as those statutes of limitations would apply in the applicable court of competent jurisdiction.
(k) Modification. Notwithstanding any provision to the contrary, we agree that if Influenxio makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective emailing Influenxio at hello@influenxio.ai. Unless you reject the change within 30 days of such change becoming effective by writing to Influenxio in accordance with the foregoing, your continued use of the Platform, including the acceptance of products and services offered on the Platform following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Platform, any communications you receive, any products sold or distributed through the Platform or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Influenxio will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
You may terminate your account at any time by contacting hello@influenxio.ai or through your account settings. Termination of a Brand account does not entitle the Brand to a refund of any prepaid fees.
Influenxio may suspend or terminate your account and access to the Platform, in its sole discretion, with or without prior notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent or illegal activity; (c) conduct that is harmful to other users, third parties, or Influenxio; (d) non-payment of applicable fees; or (e) prolonged account inactivity.
Influenxio may, at its discretion, employ a graduated enforcement approach that may include written warnings, temporary account suspension, or permanent account termination, depending on the severity and nature of the violation. Influenxio reserves the right to proceed immediately to permanent termination for serious violations, including fraud, illegal activity, or conduct that poses a risk of harm to others.
Upon termination of your account: (a) your right to access and use the Platform will cease immediately; (b) Influenxio may delete your account and associated content, subject to applicable data retention obligations; and (c) any outstanding payment obligations shall survive termination. The following sections of these Terms shall survive termination: Section 7 (Intellectual Property Rights), Section 8 (User Content and Prohibited Conduct), Section 12 (Indemnification), Section 13 (Disclaimers of Warranties), Section 14 (Limitation of Liability), and Section 15 (Dispute Resolution and Governing Law).
Following termination, Influenxio will handle your data in accordance with our Privacy Policy and applicable data retention obligations. To submit a deletion request, please refer to Section 9 of these Terms.
The Platform integrates with third-party services, including social media platforms, payment processors, and authentication providers. Your use of any third-party service is governed by that service's own terms and conditions and privacy policies. Influenxio is not responsible for the content, policies, or practices of any third-party service. Third-party services may change, suspend, or discontinue their offerings at any time, which may affect the availability or functionality of certain Platform features. Influenxio shall not be liable for any such changes by third-party service providers.
These Terms, together with the Privacy Policy, the Creator Services Agreement (as applicable), and any other documents expressly incorporated by reference, constitute the entire agreement between you and Influenxio with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
The failure of Influenxio to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms must be in writing and signed by Influenxio to be effective.
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Influenxio. Influenxio may freely assign or transfer its rights and obligations under these Terms without restriction and without notice to you.
Influenxio shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay results from circumstances beyond Influenxio's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, epidemic, pandemic, power outage, platform outages, internet or telecommunications failure, or cyberattack.
Influenxio may provide notices to you via email, through the Platform, or by posting on the Influenxio website. Notices to Influenxio must be sent by email to hello@influenxio.ai or by mail to Influenxio, LLC, 400 Concar Dr, Office 04-135, San Mateo, CA 94402.
The relationship between Influenxio and each user is that of independent contractors. Nothing in these Terms shall be construed to create an agency, partnership, joint venture, or employment relationship between Influenxio and any user.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
The communications between you and Influenxio use electronic means, whether you use the Platform or send Influenxio emails, or whether Influenxio posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Influenxio in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Influenxio provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The Platform, including the AI models and content generation technology made available through it, may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Influenxio, or any products, services, or AI-generated outputs utilizing such data, in violation of the United States export laws or regulations.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
All trademarks, logos, and service marks ("Marks") displayed on the Platform are the property of Influenxio or the property of other third parties. You are not permitted to use these Marks without Influenxio's prior written consent or the consent of the third party that may own the Marks.
If you have any questions or concerns about these Terms, you may contact Influenxio as follows: