Terms of Service

Please read these terms carefully before using our service.

1. Definitions

"Service" means the Bublicize platform, website, applications, and all related tools and features. "We," "us," and "Bublicize" mean the operator of the Service. "You" and "User" mean the person or entity accessing or using the Service. "Advertiser" means a User who creates or funds campaigns. "Influencer" means a User who performs campaign actions in exchange for rewards. "Campaign" means a promotional opportunity created by an Advertiser. "Content" means any text, images, data, or other materials you submit through the Service. "Third-Party Platforms" means social or professional networks (e.g. LinkedIn, Facebook, Instagram) on which campaign actions may be performed.

2. Acceptance and Binding Effect

By registering, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity. These Terms constitute a legally binding agreement between you and Bublicize.

If you do not agree to these Terms in their entirety, you must not access or use the Service. Your continued use of the Service after we post revised Terms constitutes your acceptance of the revised Terms. We may require you to affirmatively accept updated Terms before continued access. We reserve the right to refuse service to anyone at any time.

3. Eligibility and Capacity

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into contracts. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of a business, you represent that the business is duly formed and authorised to do business in its jurisdiction. We may require verification of identity or authority at any time.

4. Description of Service; No Guarantee

Bublicize is a technology platform that facilitates connections between Advertisers and Influencers for promotional campaigns. Advertisers may create campaigns and define actions (e.g. likes, shares, follows) and rewards; Influencers may perform those actions subject to campaign terms. We provide the platform only; we do not employ Influencers, guarantee campaign results, or control Third-Party Platforms.

The Service is provided subject to these Terms and our Privacy Policy. We do not guarantee that the Service will be available at all times, that it will meet your requirements, or that campaigns will achieve any particular outcome. We may modify, suspend, or discontinue any part of the Service with or without notice. We are not responsible for the conduct of Users or for content on Third-Party Platforms.

5. Account and Registration

You must create an account to access certain features. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) keep your password and account secure and confidential; (d) notify us immediately of any unauthorized access; and (e) accept responsibility for all activities that occur under your account. One person or entity may not maintain more than one account without our written consent. Accounts are non-transferable. We may suspend or terminate accounts that are incomplete, inaccurate, or in breach of these Terms.

6. Use of the Service; Compliance

You must use the Service only for lawful purposes and in accordance with these Terms, our policies, and all applicable laws and regulations. You are solely responsible for your Content and your use of Third-Party Platforms. You must comply with the terms of service and policies of any Third-Party Platform on which you perform or promote campaign actions. We do not guarantee that use of the Service complies with any Third-Party Platform's rules; compliance is your responsibility.

You may not use the Service in any way that could damage, disable, or impair the Service or interfere with any other party's use. You may not attempt to gain unauthorized access to any part of the Service, other accounts, or any connected systems or networks.

7. Advertisers and Campaigns

Advertisers may create campaigns and set objectives, eligible actions, rewards, and other terms. You are solely responsible for the accuracy and legality of your campaign terms, the content of your campaigns, and any obligations you owe to Influencers or third parties. You must pay all fees and rewards owed in accordance with the campaign terms and our payment policies. We may suspend, remove, or refuse to publish any campaign that we believe violates these Terms, applicable law, or Third-Party Platform rules, or that could expose us to liability.

We act only as a technology intermediary. We do not guarantee that any Influencer will perform actions, that actions will be genuine or compliant with Third-Party Platform rules, or that campaigns will achieve any particular result. Disputes between Advertisers and Influencers are solely between those parties, except where we expressly agree otherwise in writing.

8. Influencers and Content

Influencers may participate in campaigns by performing actions as described in each campaign. Eligibility for rewards is subject to campaign terms and our verification and approval. We do not guarantee that any action will be approved or paid. You are solely responsible for your Content and for ensuring that your actions and Content comply with applicable law and the terms of each Third-Party Platform. You must not use fake accounts, bots, or any method to simulate or falsify engagement. We may reject, revoke, or refuse to pay for any action that we determine does not meet campaign terms or that violates these Terms or Third-Party Platform rules.

9. Fees, Payments, and Taxes

Fees, reward amounts, and payment terms are as described in the Service or in separate agreements. You agree to pay all applicable fees when due. All fees are non-refundable except as expressly stated in our refund policy or as required by applicable law. You are responsible for all taxes (including VAT, GST, or withholding) unless we are required by law to collect them. Prices and currencies are as displayed; we may change pricing with notice. Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less. You must not dispute or charge back fees for services actually received except in good faith and after contacting us.

10. Intellectual Property and License

We and our licensors own all right, title, and interest in and to the Service, including the software, design, text, graphics, and our trademarks and logos. You may not copy, modify, distribute, sell, or create derivative works of the Service, or reverse engineer, decompile, or attempt to extract the source code of the Service, except as expressly permitted by us or by applicable law.

You retain ownership of your Content. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and display your Content in connection with operating and providing the Service. You represent that you have all rights necessary to grant this license. Any feedback or suggestions you provide regarding the Service may be used by us without obligation to you.

11. Privacy and Data

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. You are responsible for ensuring that your use of the Service and any data you provide comply with applicable data protection laws. We may process personal data as a data controller or processor as set out in our Privacy Policy.

12. Prohibited Conduct

You must not, and must not permit others to:

  • Violate any applicable law, regulation, or third-party right.
  • Use the Service for any fraudulent, misleading, or illegal purpose.
  • Impersonate any person or entity or misrepresent your affiliation.
  • Submit false, inaccurate, or misleading information.
  • Use bots, scripts, or automated means to access the Service or perform actions without our permission.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks.
  • Use the Service to distribute malware, spam, or harmful code.
  • Scrape, harvest, or collect data from the Service without our written consent.
  • Circumvent any security or access controls or usage limits.
  • Use the Service in any way that could create liability for us or harm our reputation.

We may suspend or terminate your account and take other action we deem appropriate if we believe you have engaged in prohibited conduct.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your account or access to the Service immediately, with or without cause or notice, including for breach of these Terms, fraud, or any conduct we consider harmful. Upon termination, your right to use the Service ceases. We are not obligated to retain your Content or account data after termination. No refund of fees will be made for termination by us for cause or for your voluntary cessation.

Provisions that by their nature should survive termination (including Sections 10, 14, 15, 16, 17, and 19) will survive.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BUBLICIZE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY PARTICULAR RESULTS FROM THE USE OF THE SERVICE OR FROM CAMPAIGNS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF USERS, FOR CONTENT ON THIRD-PARTY PLATFORMS, OR FOR THE AVAILABILITY OR POLICIES OF THIRD-PARTY PLATFORMS. YOUR USE OF THE SERVICE AND ANY RELIANCE ON IT IS AT YOUR SOLE RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUBLICIZE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD 100). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Bublicize and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content; (c) your breach of these Terms or any applicable law; (d) your violation of any third-party right; (e) any dispute between you and another User; or (f) any claim that your Content or conduct caused harm to a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense. You will not settle any claim that affects us without our prior written consent.

17. Changes to the Terms

We may modify these Terms at any time. We will post the revised Terms on the Service and update the "Last updated" date. For material changes, we may also notify you by email or through the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service. It is your responsibility to review these Terms periodically. We may also modify, suspend, or discontinue features of the Service with or without notice.

18. General Provisions

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we provide for specific features, constitute the entire agreement between you and Bublicize regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Bublicize.

Force majeure. We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government actions, or failure of third-party services.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19. Governing Law and Disputes

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Bublicize operates, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction for the resolution of any such dispute. You waive any objection to venue or forum. Any cause of action must be brought within one (1) year after the cause of action arose.

20. Contact

For questions about these Terms or the Service, please contact us through the contact form or the contact details provided on the Service. Notices to you may be sent to the email address associated with your account and are deemed given when sent.