Terms of Service

1. Introduction

Welcome to Kloutpay. These Terms of Service ("Terms") govern your access to and use of the Kloutpay platform, mobile applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Kloutpay connects social media creators with brands for monetization opportunities. Whether you are a creator looking to monetize your content or a brand seeking to collaborate with influencers, these Terms apply to you.

In these Terms:

• "Service" refers to the Kloutpay platform and all related services
• "Platform" refers to our website, mobile apps, and technology infrastructure
• "Users" refers to all individuals and entities using our Service
• "Creators" refers to content creators and influencers on our platform
• "Brands" refers to businesses and advertisers seeking creator partnerships

2. Acceptance of Terms

By creating an account or using our Service, you confirm that:

• You are at least 18 years old or have parental/guardian consent
• You have the legal capacity to enter into these Terms
• You agree to comply with all applicable laws and regulations
• All information provided during registration is accurate and current
• You will maintain the security of your account credentials

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to refuse service to anyone for any reason at any time.

3. User Accounts

Account Creation

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify Kloutpay of any unauthorized use of your account or any other breach of security.

Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms or our policies
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies

4. Creator and Brand Responsibilities

Creator Obligations

If you are a creator using our platform, you agree to:

• Provide authentic and accurate information about your social media presence
• Disclose all sponsored content in accordance with FTC guidelines and applicable laws
• Deliver agreed-upon content and services to brands in a timely manner
• Maintain professional communication with brand partners
• Not engage in fraudulent activities, including fake followers or engagement
• Report accurate metrics and performance data

Brand Obligations

If you are a brand using our platform, you agree to:

• Provide clear campaign requirements and expectations to creators
• Make timely payments for completed work as agreed
• Respect creator intellectual property and content rights
• Provide constructive feedback and maintain professional communication
• Comply with all advertising laws and regulations

Campaign Terms

Both creators and brands agree that individual campaign agreements may include additional terms. In case of conflict, specific campaign terms will take precedence over these general Terms of Service for that particular campaign only.

5. Content Guidelines

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates applicable laws or regulations
• To transmit or procure the sending of advertising or promotional material without consent
• To impersonate or attempt to impersonate Kloutpay, employees, other users, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use of the Service

Prohibited Content

You may not post, upload, or transmit content that:

• Is illegal, harmful, threatening, abusive, harassing, or offensive
• Infringes on intellectual property rights of others
• Contains viruses, malware, or other harmful components
• Promotes discrimination based on race, ethnicity, religion, gender, or other protected characteristics
• Contains false or misleading information
• Violates the privacy rights of others

Content Ownership and Licensing

You retain ownership of all content you submit to the Service. However, by submitting content, you grant Kloutpay a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of operating and promoting the Service.

6. Payments and Fees

Platform Fees

Kloutpay charges a service fee for facilitating connections between creators and brands. The current fee structure is available on our pricing page and may be updated from time to time.

Payment Processing

All payments are processed through third-party payment processors. You agree to:

• Provide accurate payment information
• Pay all applicable fees and charges
• Comply with the terms of our payment processors
• Accept responsibility for all taxes associated with your use of the Service

Refund Policy

Refunds are handled on a case-by-case basis. Platform fees are generally non-refundable except as required by law or at Kloutpay's sole discretion. Disputes between creators and brands regarding campaign payments should be resolved directly between the parties, though Kloutpay may assist in mediation.

7. Intellectual Property

Platform Intellectual Property

The Service and its original content, features, and functionality are owned by Kloutpay and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

User Content Rights

You retain all rights to content you create and share through the Service. However, you grant Kloutpay the rights necessary to display, distribute, and promote your content within the Service.

Trademark Usage

The Kloutpay name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Kloutpay. You may not use such marks without our prior written permission.

DMCA Compliance

We respect intellectual property rights. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at legal@kloutpay.com with details of the alleged infringement.

8. Termination

Termination by You

You may terminate your account at any time by contacting customer support or using the account deletion feature in your settings. Upon termination, your right to use the Service will immediately cease.

Termination by Us

We reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Illegal or fraudulent activity
• Violation of intellectual property rights
• Harm to other users or the Service
• Extended inactivity

Effects of Termination

Upon termination:

• Your right to access and use the Service will cease immediately
• Any outstanding payment obligations remain in effect
• Provisions of these Terms that by their nature should survive will survive termination
• We may delete your account data subject to our data retention policies

9. Limitation of Liability

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KLOUTPAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLOUTPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or business opportunities
• Service interruptions or errors
• Unauthorized access to your account or data
• Actions or conduct of third parties using the Service

Indemnification

You agree to defend, indemnify, and hold harmless Kloutpay and its affiliates from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the Service

10. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [JURISDICTION], without regard to its conflict of law provisions.

Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in [JURISDICTION], and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Kloutpay individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated on a class-action basis or in a purported representative capacity.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Notice of changes will be provided through:

• Email notification to your registered email address
• Prominent notice on the Service
• Update to the "Last Updated" date at the top of this page

By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

12. Contact Information

If you have questions about these Terms or need to contact us for any reason, please reach out:

• Email: legal@kloutpay.com
• Support: support@kloutpay.com
• Address: [Company Address]

For legal notices and formal communications, please use our legal contact email. For general support inquiries, please use our support email.