Influenxio

Influenxio Terms of Service

Last Updated: May 5, 2026

1. Introduction and Acceptance of Terms

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.

2. Eligibility

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.

3. Account Registration and Security

3.1 Account Creation

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 may be required to select your country or region.

3.2 Account Security

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.

3.3 One Account Per User

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.

4. Platform Services and AI Content

4.1 Overview

Influenxio provides a suite of tools and services through the Platform, including:

  • Tools enabling Brands to create and manage sponsored content campaigns;
  • Tools enabling Creators to receive campaign invitations, generate AI-assisted content, and publish sponsored content;
  • Communication and collaboration tools that allow Brands and Creators to interact and process payments through the Platform.

4.2 AI-Assisted Content Generation

The Platform uses artificial intelligence tools to generate and optimize promotional content. AI-assisted content generation is based on the following inputs:

  • Creator-provided inputs, which may include uploaded photos, voice files, videos, profile information, written content, other creative works and personal style preferences ("Creator Uploaded Materials");
  • Publicly available content from connected social media accounts, including prior posts and captions;
  • Brand-provided assets, which may include campaign guidelines, materials, information regarding products or services, including images, videos and descriptions, written content, creative works, other intellectual property, and marketing objectives ("Brand Uploaded Materials").

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.

4.3 Uploaded Materials and AI Likeness Use

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 are used as reference inputs for AI generation and to fine-tune Influenxio's internal AI models to improve content quality and alignment with each Creator's style. Specifically, uploaded media files are:

  • Used to enable AI-generated visuals that align with the Creator's style, presentation, and likeness for campaign participation; and
  • Used to improve content relevance within the Platform.

Media files uploaded to the Platform are NOT used for:

  • Facial recognition, biometric identification, or identity verification;
  • Training third-party AI models outside the Platform; or
  • Any purpose outside of Platform features and campaign-related content, unless separately and explicitly authorized by the Creator in writing.

Influenxio may use Creator Uploaded Materials and Brand Uploaded Materials to improve and fine-tune its own proprietary AI models used within the Platform. This 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.

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.

4.4 Platform Availability

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.

5. Brand Terms and Conditions

5.1 Account Registration

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.

5.2 Subscription Plans

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, including Starter, Growth, and Scale, each with different features, limits, and service levels. Subscriptions are available on a quarterly or annual basis, with all fees payable in advance. Current pricing and plan details are available at https://influenxio.ai/pricing.

5.3 UGC Post Credits

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.

5.4 Auto-Renewal and Cancellation

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.

5.5 Refund Policy

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.

6. Creator Terms and Conditions

6.1 Campaign Participation

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.

6.2 Advertising Compliance

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. 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.

6.3 Tax Obligations

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.

6.4 Referral Program

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:

  • The referred individual must be a new user of the Platform;
  • The referral reward is payable only after the referred Creator publishes their first qualifying campaign post;
  • Influenxio reserves the right to withhold, reverse, or forfeit referral rewards in cases of fraud, abuse, or manipulation of the referral program;
  • Referral rewards have no cash value unless withdrawn and are subject to the same payout terms applicable to campaign earnings.

7. Intellectual Property Rights

7.1 Creator Ownership

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.

7.2 License Granted by Creators to Influenxio

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:

  • Paid advertising use: Influenxio may use published campaign content in its own paid advertising materials for a period of three (3) months from the date of publication.
  • Attributed marketing use: Influenxio may use published campaign content in proposals, presentations, on its website, and on its social media channels for a period of one (1) year from the date of publication.

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.

7.3 Creator Opt-Out

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.

7.4 Brand Assets

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.

7.5 AI-Generated Content

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.

7.6 Influenxio Platform IP

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.

8. User Content and Prohibited Conduct

8.1 User Content

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.

8.2 Prohibited Conduct

You agree that you will not use the Platform to:

  • Publish, distribute, or promote content that is false, misleading, deceptive, or fraudulent;
  • Create or distribute content that constitutes defamation, harassment, hate speech, or incitement to violence;
  • Infringe upon the intellectual property, privacy, or publicity rights of any third party;
  • Upload, transmit, or distribute viruses, malware, or other malicious code;
  • Attempt to gain unauthorized access to the Platform, other user accounts, or any systems or networks connected to the Platform;
  • Use bots, scripts, or automated tools to access the Platform without prior written authorization from Influenxio;
  • Engage in fraud, including creating fake accounts, submitting false data, or manipulating campaign metrics;
  • Use AI-generated content to create non-consensual intimate imagery or content intended to deceive any person about the identity of the individual depicted;
  • Remove, alter, or obscure AI-generation disclosures, watermarks, metadata, or advertising labels included in content produced through the Platform;
  • Use the Platform to falsely represent an endorsement, personal experience, or opinion;
  • Violate any applicable law, regulation, or industry standard; or
  • Solicit transactions outside the Platform in order to circumvent Platform fees.

Any individual who believes that non-consensual intimate imagery has been created or distributed through the Platform may submit a removal request to ops@influenxio.com. Influenxio will investigate all such reports and will remove identified content within forty-eight (48) hours.

8.3 Content Monitoring

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.

9. Privacy and Data

9.1 Privacy Policy

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.

9.2 Data Influenxio Collects and How It Is Used

In connection with the Platform, Influenxio collects and uses the following categories of data:

  • Account and registration data (name, email address, login credentials, country or region selection) - used to create and manage your account.
  • Social media account data (account information, post data, audience analytics, and performance metrics accessed through platform APIs) - used to match Creators with campaigns, generate AI-assisted content, and provide performance reporting.
  • Uploaded media files (photos, videos, voice files) - used as stylistic reference inputs for AI-assisted image generation and to fine-tune Influenxio's internal AI models as described in Section 4.3; not used for facial recognition, biometric identification, or third-party AI model training.
  • Brand-provided assets (logos, product images, campaign guidelines, marketing objectives) - used to generate and review campaign content.
  • Payment and tax information (W-9 and W-8BEN forms, bank details for applicable Creators) - used for payment processing and tax compliance; processed through third-party payment processors.
  • Usage and analytics data (interactions with the Platform, feature usage, campaign performance) - used to operate, improve, and secure the Platform.

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.

9.3 Data Retention and Deletion

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. Deletion is subject to the following exceptions:

  • Pending transactions or unresolved account balances;
  • Legal obligations requiring the retention of tax or financial records;
  • Dispute resolution, fraud prevention, or enforcement of these Terms; and
  • Aggregated or de-identified data that does not reasonably identify the user.

Influenxio will direct its service providers and contractors to delete applicable user data in accordance with the foregoing. 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.

9.4 California Privacy Rights

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.

10. Payments and Fees

10.1 Brand Payment Obligations

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.

10.2 Billing

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.

10.3 Late Payments

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.

10.4 Creator Compensation

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.

10.5 Additional Payment Terms

Additional payment terms may be set forth in a separate Payment Terms document, which, if provided, is incorporated into this Agreement by reference.

11. DMCA and Copyright

11.1 Compliance with the DMCA

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.

11.2 Designated Agent

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: ops@influenxio.com

11.3 Filing a DMCA Takedown Notice

To file a DMCA takedown notice, you must provide the following information in writing to the designated agent:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Platform are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Influenxio to locate the material;
  4. Information reasonably sufficient to permit Influenxio to contact the complaining party, including an address, telephone number, and, if available, an email address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11.4 Counter-Notification

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:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States District Court for the Northern District of California and that you will accept service of process from the person who provided the original notification or an agent of such person.

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.

11.5 Repeat Infringer Policy

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.

11.6 Good Faith

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.

12. Indemnification

12.1 Brand Indemnification

Each Brand agrees to indemnify, defend, and hold harmless Influenxio, its officers, directors, employees, agents, and affiliates (collectively, the "Influenxio Parties"), 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.

12.2 Creator Indemnification

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.

12.3 Scope of Influenxio Indemnification

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.

13. Disclaimers of Warranties

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.

Influenxio does not endorse any Brand or Creator content, products, services, or transactions facilitated through the Platform. Users engage in transactions and interactions with other users at their own risk.

AI-GENERATED CONTENT DISCLAIMER: 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.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFLUENXIO OR ANY OF THE INFLUENXIO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF INFLUENXIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF INFLUENXIO AND THE INFLUENXIO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE LIMITED AS FOLLOWS:

  • FOR BRAND USERS: THE TOTAL FEES PAID BY BRAND TO INFLUENXIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
  • FOR CREATOR USERS: THE TOTAL FEES EARNED BY CREATOR FROM INFLUENXIO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the Influenxio Parties shall be limited to the fullest extent permitted by applicable law.

15. Dispute Resolution and Governing Law

15.1 Governing Law

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.

15.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Influenxio at hello@influenxio.ai and attempt to resolve the dispute informally. The parties shall have sixty (60) days from the date of the initial written notice to resolve the dispute before either party may pursue formal remedies.

15.3 Binding Arbitration

If the parties are unable to resolve a dispute through the informal resolution process described in Section 15.2, any remaining dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco County, California, or may be conducted remotely at the election of either party. The arbitrator's decision shall be final and binding on the parties.

15.4 Arbitration Opt-Out

You may opt out of the binding arbitration provision in Section 15.3 by sending written notice to hello@influenxio.ai within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your name, account information, and a clear statement that you wish to opt out of binding arbitration. If you do not opt out within the thirty-day period, you agree to be bound by the arbitration provision.

15.5 Class Action Waiver

YOU AND INFLUENXIO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION PROVISIONS SET FORTH IN THIS SECTION 15 SHALL BE NULL AND VOID.

15.6 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in San Francisco County, California, to prevent irreparable harm pending the outcome of arbitration. Claims involving the infringement or misappropriation of intellectual property rights may be brought directly in a court of competent jurisdiction without first submitting to arbitration.

15.7 Time Limitation

Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the cause of action accrues. Any claim not filed within this period shall be permanently barred.

16. Termination and Suspension

16.1 Termination by User

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.

16.2 Termination by Influenxio

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.

16.3 Graduated Enforcement

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.

16.4 Effect of Termination

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).

16.5 Post-Termination Data

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.

17. General Provisions and Contact

17.1 Third-Party Services

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.

17.2 Entire Agreement

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.

17.3 Severability

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.

17.4 Waiver

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.

17.5 Assignment

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.

17.6 Force Majeure

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, internet or telecommunications failure, or cyberattack.

17.7 Notices

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, San Mateo, CA 94402.

17.8 Relationship of Parties

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.

17.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

17.10 Contact

If you have any questions or concerns about these Terms, you may contact Influenxio as follows:

  • Email: hello@influenxio.ai
  • Website: https://influenxio.ai
  • DMCA and Content Issues: ops@influenxio.com
  • Address: 400 Concar Dr, San Mateo, CA 94402
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