Legal
Terms and Conditions
Last updated: November 28, 2024
Agreement to Terms
Welcome to *pitched! These Terms and Conditions ("Terms") govern your access to and use of our influencer marketing platform. By creating an account or using our services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use our platform.
Definitions
- "Platform" refers to the *pitched website, mobile applications, and all related services
- "User" means any person or entity using the Platform, including Brands, Agencies, and Creators
- "Brand" means a business entity seeking influencer marketing services
- "Agency" means a marketing or media agency managing campaigns on behalf of Brands
- "Creator" or "Influencer" means a content creator providing services through the Platform
- "Campaign" means a project or collaboration facilitated through the Platform
- "Content" means any text, images, videos, data, or other materials uploaded to the Platform
Eligibility
To use *pitched, you must:
- Be at least 18 years old or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Provide accurate, current, and complete information during registration
- Not be prohibited from using the Platform under applicable laws
- Not have been previously suspended or removed from the Platform
Account Registration and Security
When creating an account, you agree to:
- Maintain the confidentiality of your password and account credentials
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities under your account
- Ensure your profile information remains accurate and up-to-date
- Not share your account with others or create multiple accounts
We reserve the right to verify your identity and require additional documentation for account verification, particularly for financial transactions.
User Responsibilities and Conduct
You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Upload false, misleading, or fraudulent information
- Manipulate engagement metrics, follower counts, or performance data
- Engage in discriminatory, abusive, or harassing behavior
- Circumvent platform fees or conduct transactions outside the Platform
- Reverse engineer, scrape, or attempt to access our systems improperly
- Upload malware, viruses, or malicious code
- Infringe on intellectual property rights of others
- Spam, solicit, or engage in unauthorized advertising
Platform Services
For Brands and Agencies
Our Platform enables you to:
- Create and manage influencer campaigns
- Access our network of verified Creators
- Track campaign performance and ROI
- Manage contracts, payments, and compliance
For Creators
Our Platform enables you to:
- Discover and apply for brand campaigns
- Showcase your portfolio and audience demographics
- Receive weekly payouts for completed work
- Access AI-powered tools for content optimization
Campaign Terms
Campaign Agreements
When a Brand and Creator agree to collaborate, they enter into a binding agreement through the Platform. *pitched acts as a facilitator but is not a party to the underlying service agreement.
Campaign Requirements
- Creators must: Deliver content according to brief specifications, meet deadlines, disclose sponsored content per regulations, and maintain authenticity
- Brands must: Provide clear briefs, respond to submissions promptly, approve or provide feedback within agreed timelines, and honor payment commitments
Content Ownership and Rights
Unless otherwise specified in the campaign brief:
- Creators retain copyright ownership of created content
- Brands receive a license to use content for specified purposes and duration
- Usage rights must be clearly defined in campaign agreements
Payments and Fees
Platform Fees
*pitched charges service fees for facilitating transactions:
- Brands and Agencies: Platform fee on campaign budgets (percentage varies by subscription tier)
- Creators: Service fee on earnings (disclosed before accepting campaigns)
- Currency conversion fees may apply for international transactions
Payment Processing
- Brands fund campaigns in advance; funds are held in escrow
- Creators receive payment after content approval
- Standard payout schedule: Weekly on Fridays
- Supported currencies: NGN, KES, GHS, ZAR, USD
- Minimum payout thresholds apply per currency
Refunds and Disputes
Refund eligibility depends on campaign stage and circumstances. We provide a dispute resolution process for payment disagreements. Our decision in disputes is final but does not prevent parties from seeking legal recourse.
Taxes
You are responsible for all applicable taxes. We may collect tax information as required by law and report earnings to tax authorities.
Intellectual Property
Platform IP
All Platform content, features, functionality, trademarks, logos, and branding (collectively "*pitched IP") are owned by *pitched and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without express permission.
User Content
By uploading Content to the Platform, you:
- Retain ownership of your Content
- Grant *pitched a worldwide, non-exclusive, royalty-free license to host, display, and promote your Content for platform operations and marketing
- Represent that you have all necessary rights to upload the Content
- Agree that we may use your work in case studies, testimonials, and promotional materials
Disclaimers and Limitation of Liability
Platform "As Is"
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
No Guarantee of Results
We do not guarantee:
- Campaign success, specific engagement rates, or ROI
- Continuous, uninterrupted, or error-free platform access
- Accuracy of third-party data (social media metrics, analytics)
- Behavior of other Users
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, *PITCHED SHALL NOT BE LIABLE FOR:
- Indirect, incidental, consequential, or punitive damages
- Lost profits, revenue, data, or business opportunities
- User disputes, campaign failures, or payment delays
- Third-party actions or social media platform changes
Our total liability shall not exceed the greater of (a) fees paid to *pitched in the 12 months preceding the claim, or (b) $500 USD.
Indemnification
You agree to indemnify and hold harmless *pitched, its affiliates, and personnel from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your violation of these Terms
- Your Content or use of the Platform
- Infringement of third-party rights
- Disputes with other Users
Termination
By You
You may terminate your account at any time through account settings. Outstanding obligations (payments, campaign commitments) must be fulfilled before termination.
By *pitched
We reserve the right to suspend or terminate your account immediately, without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Repeated complaints or poor conduct
- Providing false information
- Risk to platform security or reputation
Effect of Termination
Upon termination: (a) access to the Platform ceases, (b) outstanding payments are processed according to our policies, (c) certain provisions survive including indemnification, limitation of liability, and intellectual property rights.
Dispute Resolution
Informal Resolution
Before pursuing formal action, contact us at disputes@pitched.io to seek resolution.
Arbitration
Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration authority in your jurisdiction. You waive the right to participate in class actions.
Governing Law
These Terms are governed by the laws of the jurisdiction where *pitched is registered, without regard to conflict of law provisions.
Changes to Terms
We may modify these Terms at any time to:
- Comply with legal requirements
- Reflect platform updates or new features
- Address security or operational concerns
Material changes will be communicated via email or platform notification. Continued use after changes constitutes acceptance. If you disagree, discontinue use and terminate your account.
Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and *pitched.
Severability
If any provision is found unenforceable, the remaining provisions remain in full effect.
Waiver
Our failure to enforce any right or provision does not constitute a waiver of future enforcement.
Assignment
You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, government actions, internet outages, etc.).
Contact Information
Questions about these Terms? Contact us:
Our Commitment: These terms are designed to facilitate aggressive platform growth while protecting all users fairly. We're building the future of African influencer marketing with transparency and trust at the core.
