Promosphere Terms and Conditions

Welcome to Promosphere. By accessing or using our platform, you agree to be bound by these terms. Please read them carefully.

1. Introduction and Acceptance of Terms

Welcome to Promosphere, the ecosystem where influence meets intention. This platform is an all-in-one SaaS solution designed for influencers and brands to connect, collaborate, contract, and get paid. By accessing or using our platform, you, as a user, agree to be bound by these Terms and Conditions and our Privacy Policy. Promosphere serves as a trusted intermediary, facilitating secure payments and contract completion.

2. User Accounts and Eligibility

• Account Creation: To access Promosphere's services, you must create an account. You agree to provide accurate, current, and complete information during the registration process.
• Influencer Eligibility System: Promosphere features an automated validation system to onboard emerging and well-known influencers who produce quality content and engage with a targeted audience. By linking your social media accounts and giving consent, you allow us to access your engagement data for verification. This ensures only credible, high-potential creators can access the platform.
• User Segments: The platform is intended for content creators, emerging influencers, small to medium-sized businesses and brands, and marketing agencies or talent scouts.
• Account Responsibility: You are responsible for all activities that occur under your account. You must keep your password secure and notify us immediately of any unauthorized use or security breach.

3. Platform Services

Promosphere offers a suite of services to streamline the collaboration process:

• Matchmaking: Our service matches business owners with influencers based on content, audience demographics, and engagement metrics.
• Smart Influencer Profiles: The platform provides comprehensive insights on influencer profiles, including reach, engagement statistics, and growth metrics, to help brands make informed decisions.
• Contract Management: Promosphere facilitates the creation and management of digital contracts with clear terms, conditions, and digital signatures. Payments can be released in milestone-based increments.
• Secure Payment Escrow System: Our system securely holds funds from business owners during contract payment. Funds are only released to the influencer once the business owner has approved the delivered work and released the payment, or as decided in a dispute (see Sections 4 and 5).
• Communication Tools: The platform includes in-platform chat for negotiations and updates, a notification system, and content sharing capabilities.
• Analytics and Reporting: Users can access performance tracking for campaigns and insights into audience data.
• Complaint Management: A system is in place for managing complaints and disputes between parties (see Section 5).

4. Payments, Platform Fees and Payouts

• Payment Processing: Payments are processed by our payment provider, Stripe. Business owners pay by card. Influencers receive their earnings through a Stripe connected account, which requires completing Stripe onboarding and identity verification before payouts can be made.
• Contract Payments: When a business owner sends a contract offer, the amount of the first milestone (or the full amount of a one-time payment contract) is authorized on their card. This is a hold, not a charge. The amount is charged when the influencer signs the contract; if the influencer declines the offer or the business owner cancels it before signature, the hold is released. In a milestone contract, the following milestones are paid one at a time, in order, and are charged when the business owner funds them.
• Funds Held Until Release: Charged funds are held by the platform until the business owner approves all work submitted for the milestone and releases its payment, or until a dispute is resolved (see Section 5). A payment cannot be released while a dispute on the contract is open.
• Platform Fee: Promosphere's revenue is a platform fee of 10% of each milestone amount (or of the full amount of a one-time payment contract). The fee is deducted when the payment is released to the influencer, including a release decided in a dispute, so the influencer receives the remaining 90%. No fee is added on top of the amount the business owner pays, and no platform fee is kept on amounts refunded to the business owner.
• Payout Schedule: Released payments are transferred to the influencer's Stripe balance. The available balance is paid out automatically every Wednesday to the influencer's default bank account. Funds that are still pending at Stripe are included in the first Wednesday payout after they become available, and no payout is sent when the available balance is zero. The time a payout takes to reach the bank depends on the bank and the country. Bank and payout details are managed in the influencer's Stripe account; any currency conversion is performed by Stripe.

5. Disputes

• Raising a Dispute: Either party to an active contract may raise a dispute about a milestone that has not been completed: a milestone that is in progress, submitted, or approved but whose payment has not yet been released. While the dispute is open, the contract is marked as disputed, its payment is held and cannot be released, and the contract cannot be cancelled.
• Role of Promosphere: In a dispute, Promosphere acts as an impartial third party. It makes its decision based on the contract between the parties, the associated campaign, the platform's rules and policies, and the information and evidence available through the dispute.
• Decision: Promosphere has the authority to make a decision and to determine the appropriate action or resolution in order to maintain fairness and justice on the platform. For the disputed milestone, this can be a refund of the milestone amount to the business owner, the release of the payment to the influencer (less the platform fee), or the return of the milestone to the influencer for rework.
• Communication with Admin Support: Each dispute has a direct chat between Admin Support and the involved party or parties, so that the parties can communicate and attempt to reach a settlement.
• No Response: If a party does not respond to the dispute for 15 days, Admin Support may take action in favor of the other party.
• Legal Rights: Both parties retain their full right to pursue any applicable legal or judicial means or procedures to escalate or resolve the situation outside the platform.

6. User Responsibilities and Conduct

• Compliance: You are responsible for complying with all relevant laws, including legal regulations for influencer contracts and payments.
• No Circumvention: You agree not to engage in any activity designed to bypass Promosphere's platform, including negotiating or completing transactions outside of the platform to avoid the transaction fee.
• Accurate Information: You must ensure that all information provided on your profile and within campaigns is accurate and truthful.
• Prohibited Content: You may not use the platform to post or promote any illegal, fraudulent, or harmful content.

7. Limitation of Liability

Promosphere acts as a marketplace and a secure intermediary. While we provide tools for trust and transparency. Promosphere is not responsible for any disputes that may arise from a collaboration outside of the tools and systems provided on the platform.

8. Termination and Account Deletion

Promosphere reserves the right to suspend or terminate your account at any time and for any reason, particularly if you violate these Terms and Conditions or engage in fraudulent or harmful behavior.

You may permanently delete your own account at any time from Settings → Delete Account, subject to the process described in our Privacy Policy. Deletion anonymizes your account, deletes your profile and other personal data, and disconnects and revokes your linked social media accounts. It does not delete contract, invoice, payment, payout or dispute records, which we retain for financial record-keeping, legal compliance and the establishment, exercise or defence of legal claims by you, the other party or Promosphere. For each contract you signed, these records keep the identity and contact details you had provided when you signed (name, email, phone number, address and, for a business, the company name and registration number), together with the signature date and IP address. Deletion also does not remove work product already submitted under a contract, including thumbnails or engagement data captured from a connected social media account as evidence of a completed deliverable. We may decline or delay a deletion request while you have a contract awaiting signature or in progress, an unresolved dispute, or an unpaid balance or pending payout, until that obligation is resolved.

When the deletion starts, we send you an email informing you that your account is being deleted, and a second email once the deletion of your data is complete. From that point you can no longer sign in to the account. Apart from the contract records described above, your personal information is no longer kept.

9. Governing Law

If you have any questions about these Terms, please contact support.