Platform Use Agreement

These Terms of Use (“Terms”) regulate your access to and use of the applications, websites, content, products, and services made available in the country where you are located by Inmind, including its subsidiaries, representatives, affiliates, officers, and directors (together referred to as “Inmind”).

PLEASE REVIEW THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing or using the Services, you agree to be bound by these Terms, creating a contractual relationship between you and Inmind. If you do not accept these Terms, you must not access or use the Services. These Terms replace any previous agreements or arrangements between you and Inmind. Inmind may terminate these Terms or any Services as they apply to you, or may stop offering or restrict access to all or part of the Services, at any time and for any reason.

Additional terms may apply to specific Services, including rules relating to particular events, activities, or promotions. Such additional terms will be made available to you in connection with the relevant Services. They form part of these Terms for those Services and, where there is any inconsistency, the additional terms will take priority for the applicable Services.

Inmind may update these Terms from time to time in relation to the Services. Any changes will take effect once Inmind posts the updated Terms at this location or publishes amended policies or additional terms on the relevant Service. Continued access to or use of the Services after posting will constitute acceptance of the amended Terms.

Inmind’s collection and use of personal information in connection with the Services is explained in Inmind’s Privacy Statements located at Privacy Policy

The Services consist of a technology platform that enables users of Inmind mobile applications or websites provided as part of the Services (each an “Application”) to allow Advertisers to create social media marketing campaigns and obtain the services of creators who perform marketing services based on information supplied by Users (the “Services”). Unless Inmind agrees otherwise with you in a separate written agreement, the Services are provided only for your personal use.

YOU ACKNOWLEDGE THAT INMIND DOES NOT ITSELF PROVIDE SOCIAL MEDIA MARKETING CAMPAIGNS OR MARKETING SERVICES, NOR DOES IT ACT AS AN ADVERTISER OR CREATOR. ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYEES OF INMIND OR ANY OF ITS AFFILIATES.

LICENSE

Provided that you comply with these Terms, Inmind grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials made available through the Services, solely for your personal, non-commercial use. All rights not expressly granted are reserved by Inmind and its licensors.

RESTRICTIONS

You must not: (i) remove copyright, trademark, or other proprietary notices from any part of the Services; (ii) copy, modify, create derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly allowed by Inmind; (iii) decompile, reverse engineer, or disassemble the Services except where permitted by applicable law; (iv) link to, mirror, or frame any part of the Services; (v) run or introduce any programs or scripts designed to scrape, index, survey, data mine, overload, or interfere with the operation or functionality of any part of the Services; or (vi) attempt to gain unauthorised access to, or interfere with, any part of the Services or their related systems or networks.

SERVICE DELIVERY ARRANGEMENTS

You acknowledge that certain parts of the Services may be offered under Inmind’s various brands or request options. You also acknowledge that the Services may be provided under those brands or request options by or in connection with: (i) certain Inmind subsidiaries and affiliates; or (ii) independent Third Party Providers, including marketing companies, media houses, network company advertisers, creators, individuals, and/or companies holding similar permits, authorisations, or licences.

EXTERNAL SERVICES AND MATERIALS

The Services may be available through, or used together with, third-party services and content, including advertising, that Inmind does not control. You understand that separate terms of use and privacy policies may govern your use of those third-party services and content. Inmind does not endorse such third-party services or content and shall not be responsible or liable for any products or services offered by those third-party providers.

INTELLECTUAL PROPERTY RIGHTS

The Services, together with all rights connected to them, remain the property of Inmind or Inmind’s licensors. These Terms and your use of the Services do not give you any rights: (i) in or relating to the Services other than the limited licence stated above; or (ii) to use or refer to Inmind’s company names, logos, product or service names, trademarks, service marks, or those of Inmind’s licensors in any manner.

ACCOUNT REGISTRATION AND SECURITY

To use most parts of the Services, you must create and keep an active personal Services account (“Account”). You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to open an Account. Registration requires you to provide Inmind with certain personal details, including your name, address, mobile phone number, and age, as well as at least one valid payment method, such as a credit card or an accepted payment partner. You agree to ensure that your Account information remains accurate, complete, and current. If you fail to keep your Account information up to date, including maintaining a valid payment method, you may be unable to access or use the Services, or Inmind may terminate these Terms with you. You are responsible for all activity carried out under your Account and must keep your username and password secure and confidential at all times. Unless Inmind gives written permission, you may hold only one Account.

ELIGIBILITY AND ACCEPTABLE USE

The Service is not available to persons under 18 years of age. You must not allow third parties to use your Account, and you must not permit persons under 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and to use the Services only for lawful purposes, including refraining from distributing unlawful or hazardous materials. You must not use the Services in a way that causes nuisance, annoyance, inconvenience, or personal harm to any Third Party Provider or any other person. In some cases, you may be required to provide proof of identity to access or use the Services, and you agree that refusal to provide such proof may result in denial of access to or use of the Services.

CONTENT SUBMITTED BY USERS

Inmind may, at its sole discretion, allow you to submit, upload, publish, or otherwise provide to Inmind through the Services text, audio, visual content, and information, including comments and feedback about the Services, support requests, and entries for competitions or promotions (“User Content”). Any User Content you provide remains your property. However, by providing User Content to Inmind, you grant Inmind a worldwide, perpetual, irrevocable, transferable, royalty-free licence, including the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit that User Content in any manner and through any format or distribution channel now known or later developed, including in connection with the Services, Inmind’s business, and third-party sites or services, without further notice to you, without your additional consent, and without payment to you or any other person or entity.

You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content or you hold all rights, licences, consents, and releases necessary to grant Inmind the licence described above; and (ii) neither the User Content, nor your submission, upload, publication, or other provision of it, nor Inmind’s permitted use of it under these Terms, will infringe, misappropriate, or violate any third party’s intellectual property, proprietary rights, publicity rights, privacy rights, or any applicable law or regulation.

You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Inmind in its sole discretion, whether or not such material is protected by law. Inmind may, but is not required to, review, monitor, or remove User Content at its sole discretion, at any time, for any reason, and without notice to you.

CONNECTIVITY, DEVICES, AND SYSTEM ACCESS

You are responsible for securing the data network access required to use the Services. If you access or use the Services from a wireless-enabled device, your mobile network’s data and messaging charges may apply, and you are responsible for those charges. You are also responsible for obtaining and maintaining compatible hardware or devices needed to access and use the Services, the Applications, and any related updates. Inmind does not guarantee that the Services, or any part of them, will operate on any specific hardware or device. The Services may also be affected by failures and delays inherent in internet and electronic communications.

a. Alcohol Content: Advertising involving alcohol must be targeted only to the appropriate legal age group [18 and above] and is completely prohibited in certain countries, including, without limitation, Gambia, Egypt, Afghanistan, Brunei, Bangladesh, Kuwait, Libya, and Turkey. Age restrictions and all other rules governing alcohol marketing and distribution must be followed in accordance with the government regulations applicable in your location.

b. Discriminatory Practices: Advertisements must not discriminate against, or promote discrimination against, people on the basis of personal characteristics such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical condition, or genetic condition.

c. Government and Social Affairs: Government advertisements and social issue content, including community development, economic processes, and societal trends, are permitted provided they contain factual information and do not include misleading statements.

d. Pharmaceuticals: Prescription medicines may not be promoted through Inmind. Over-the-counter medicines are permitted, provided they comply with applicable local government regulations.

e. Political and Election-Related Content:

This includes an ad that:

is created by, on behalf of, or about a candidate for public office, a political figure, a political party, a political action committee, or advocates for a particular election outcome for public office; or

relates to any election, referendum, or ballot initiative, including voter mobilisation or election information campaigns; or

concerns any social issue in the location where the advertisement is being displayed; or

is otherwise regulated as political advertising.

Political campaigns are allowed on this platform as long as they comply with the following terms:

They must present factual information about previous achievements and currently fulfilled agenda items.

They must not contain prejudicial content against political opponents or associates. Personal attacks and improper political tactics will not be endorsed.

Any disclaimer must accurately identify the entity or person responsible for the advertisement.

The disclaimer must not include URLs or acronyms unless they form part of the organisation’s name, and that name must also be accurately reflected on the website provided.

The disclaimer must not contain profanity, objectionable language, or words or phrases that cannot be recognised.

The disclaimer must not falsely suggest that a foreign leader is responsible for the advertisement.

f. Inappropriate Content: Content involving sexual material, gambling, cryptocurrency, spyware or malware, drugs and drug paraphernalia, copyright or trademark infringement, counterfeit goods, unauthorised ticket sales, weapons, and weapon accessories is prohibited.

Refer to Section 5, “Prohibited and Restricted Content Categories,” for additional details.

a. Sexual Content: Sexual content is not permitted on this channel, including but not limited to:

Pornography

Escort services and prostitution

Full and partial nudity

Modelled clothing that is sexual in nature

Dating sites which focus on facilitating sexual encounters or infidelity

Dating sites in which money, goods or services are exchanged in return for a date

b. Gambling Content: Gambling-related content is prohibited on and around the Inmind platform.

c. Cryptocurrency: Promotion of cryptocurrency trading or mining is prohibited.

d. Drug and Drug Paraphernalia: Promotion of any substance that is illegal under applicable local or state laws is prohibited. This includes, without limitation, illegal drugs, recreational and herbal drugs, accessories associated with drug use, drug dispensaries, and depictions of hard drug use.

e. Trademark and Copyright Infringement: International trademark and copyright laws must be observed when running any campaign so that the campaign does not display:

Content that could mislead users about the advertiser’s brand affiliation.

Links, images, or other embedded media that may cause confusion about the advertiser’s brand affiliation.

Promoted Trend names that use third-party names in a way that could mislead users about the advertiser’s brand affiliation.

f. Weapons and Weapon Accessories: Promotion of items that may endanger the safety of users or people nearby is prohibited. Weapons and weapon accessories are specifically not permitted.

The Creator understands that using the Services may result in charges for services or goods received from a Third Party Provider (“Charges”). When the Creator requests access to certain services obtained through Inmind, Inmind will facilitate payment of the applicable Charges on behalf of the Third Party Provider, acting as that Third Party Provider’s limited payment collection agent. Payment made in this way will be treated as if the Creator had paid the Third Party Provider directly. Charges may include other applicable fees, such as booking fees and processing fees, and will include applicable taxes where required by law. Charges paid by you are final and non-refundable unless Inmind determines otherwise.

Inmind will process payments for the delivery of services or goods. If payments are delayed for any reason, the Creator must contact Inmind for assistance by emailing support@Inmind.media or by using the in-app support chat. The Creator agrees that any breach of this term may result in suspension or termination of access to the Inmind Platform and Services. Inmind also reserves the right, without prejudice, to pursue any remedies available under law, including seeking indemnification for any costs incurred because of the breach.

Inmind may set, remove, or revise Charges for any or all services obtained through the Services at any time and at its sole discretion. The Creator acknowledges and agrees that Charges in certain geographic areas may increase significantly during periods of high demand. Inmind will make reasonable efforts to notify the Creator of applicable Charges; however, the Creator remains responsible for Charges incurred under their Account whether or not they were aware of those Charges or their amounts. From time to time, Inmind may offer promotional offers or discounts to certain users, which may result in different amounts being charged for the same or similar services or goods obtained through the Services. The Creator agrees that such offers or discounts, unless also made available to them, will not affect their use of the Services or the Charges applied to them. The Creator may cancel a request for services from a Third Party Provider before that Third Party Provider accepts the request, in which case a cancellation fee may apply. This payment structure is intended to fully compensate the Third Party Provider for the services provided.

TAX DEDUCTIONS AND DECLARATIONS

All payments are subject to the applicable tax laws and rates of the jurisdiction in which the Creator is based. Creators based in Kenya will receive income after deduction of Withholding Tax and will be issued a Withholding Certificate as proof of the tax deducted.

Creators in other countries will receive gross payment and will be responsible for filing and paying any taxes due from them. Inmind will not be liable for any tax evasion or failure by such Creators to comply with their tax obligations.

PAYMENT COLLECTION METHODS

All Charges are payable immediately, and Inmind will facilitate payment using the preferred payment method listed in the Creator’s Account. Inmind will then send the Creator a receipt by email. If the Creator’s primary payment method is expired, invalid, or cannot be charged, the Creator agrees that Inmind, acting as the Third Party Provider’s limited payment collection agent, may use any secondary payment method available in the Creator’s Account.

NO WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INMIND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, THAT ARE NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INMIND ALSO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE ABOUT THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS. INMIND DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND ANY RELATED SERVICE OR GOOD REQUESTED THROUGH THEM REMAINS SOLELY WITH YOU.

LIMITS ON RESPONSIBILITY

INMIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING FROM, CONNECTED WITH, OR RESULTING FROM ANY USE OF THE SERVICES, EVEN IF INMIND HAS BEEN ADVISED THAT SUCH DAMAGES MAY OCCUR. INMIND SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING FROM: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THEM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF INMIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INMIND SHALL NOT BE RESPONSIBLE FOR DELAY OR FAILURE TO PERFORM CAUSED BY EVENTS BEYOND INMIND’S REASONABLE CONTROL.

YOU ACKNOWLEDGE THAT THIRD-PARTY MARKETING PROVIDERS WHO PROVIDE MARKETING PLATFORM AND CAMPAIGN SERVICES THROUGH CERTAIN REQUEST BRANDS MAY NOT HOLD PROFESSIONAL LICENCES OR PERMITS.

YOU MAY USE INMIND’S SERVICES TO REQUEST AND SCHEDULE MARKETING SERVICES OR CAMPAIGNS WITH THIRD PARTY PROVIDERS. HOWEVER, YOU AGREE THAT INMIND HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY MARKETING SERVICES OR CAMPAIGNS PROVIDED BY THIRD PARTY PROVIDERS, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION 7 ARE NOT INTENDED TO LIMIT LIABILITY OR CHANGE ANY CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

USER INDEMNIFICATION

You agree to indemnify and hold harmless Inmind and its officers, directors, employees, and agents from all claims, demands, losses, liabilities, and expenses, including attorneys’ fees, arising from or connected with: (i) your use of the Services or any services or goods obtained through the Services; (ii) your breach or violation of these Terms; (iii) Inmind’s use of your User Content; or (iv) your violation of any third party’s rights, including the rights of Third Party Providers.

Except where these Terms state otherwise, any dispute, conflict, claim, or controversy arising out of, broadly connected with, or relating to the Services, Payments, or these Terms, including issues concerning their validity, interpretation, or enforceability (each a “Dispute”), must first be referred for resolution through support@Inmind.media. These Terms are understood and agreed to be governed exclusively by, and interpreted in accordance with, the laws of The United Kingdom. If a Dispute relating to the Services or these Terms, including their validity, interpretation, or enforceability, is not resolved through support@Inmind.media, it shall be mandatorily submitted under the rules of, or by, the LCIA, the London Court of International Arbitration, the London Court of Arbitration, or the London Court. The parties shall be deemed to have agreed in writing that any arbitration between them will be conducted under the LCIA Rules, including any amended rules adopted by the LCIA before the arbitration begins, and that such LCIA Rules form part of their agreement (collectively, the “Arbitration Agreement”). The LCIA Rules include this Preamble, the Articles, the Index, the Annex to the LCIA Rules, and the Schedule of Costs, each as may be amended by the LCIA from time to time.

COPYRIGHT COMPLAINTS

Copyright infringement claims should be directed to Inmind’s designated agent. Please visit Inmind’s website at www.Inmind.media for the designated address and further information.

COMMUNICATIONS AND NOTICES

Inmind may provide notices through a general notice on the Services, by email to the address listed in your Account, or by written communication sent to the address recorded in your Account. You may give notice to Inmind by sending written communication to Inmind’s address.

GENERAL TERMS

You may not assign or transfer these Terms, whether in whole or in part, without Inmind’s prior written consent. You authorise Inmind to assign or transfer these Terms, in whole or in part, including to: (i) a subsidiary or affiliate; (ii) a purchaser of Inmind’s equity, business, or assets; or (iii) a successor following a merger. No joint venture, partnership, employment, or agency relationship is created between you, Inmind, or any Third Party Provider as a result of the agreement between you and Inmind or your use of the Services.

If any provision of these Terms is found to be illegal, invalid, or unenforceable, either in whole or in part, under any law, that provision or part will, to that extent, be treated as excluded from these Terms. The legality, validity, and enforceability of the remaining provisions will not be affected. In such circumstances, the parties will replace the illegal, invalid, or unenforceable provision or part with a legal, valid, and enforceable provision or part that, as far as possible, achieves a similar effect in light of the content and purpose of these Terms. These Terms constitute the entire agreement and understanding between the parties concerning their subject matter and supersede all prior or contemporaneous agreements or undertakings relating to that subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”