Terms & Conditions

COLLABIFY (referred to as "we," "us," "our," “the platform”, or "the company") owns this Platform, which you can access through our website or mobile app. Your use of the Platform is subject to these terms and conditions ("Terms and Conditions"). We may update these Terms and Conditions at any time without prior notice, so please review them regularly. By continuing to use the Platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions or cannot create a legally binding contract in accordance with applicable laws, you must stop using the Platform immediately.

When we refer to these Terms and Conditions, the "Platform" means our online platform. You can use it to access COLLABIFY via our mobile application, website, or any other device that lets you use our services.

A "Creator" is anyone who COLLABIFY has accepted and provided with an account to be eligible for collaborations (as explained below).

A "Brand" is any entity, such as a venue, restaurant, bar, beach club, gym, events company, service provider, or any other business that COLLABIFY has approved to offer collaborations to Creators.

A "Collaboration" or "Collaborations" refers to any experience, product, service, or other offering that a Brand wants to make available to a Creator while complying with these Terms and Conditions.

Third party use

The use of certain features of our Platform may be subject to third party terms and conditions, which include availing services, products, terms and conditions of venues or events, and terms and conditions linked to Collaborations. These terms and conditions are to be considered part of these Terms and Conditions, but are not intended to replace or exclude them. Our Platform serves only as a means for Creators to access Collaborations and for Brands to offer them. We have no employment or affiliation with any Creator, Brand or Collaboration. The applicable terms and conditions for a Collaboration are those of the Brand offering the Collaboration. It is the Creator's responsibility to become familiar with and comply with the Brand's terms and conditions before agreeing to a Collaboration. The Brand is responsible for ensuring that their terms and conditions are lawful, reasonable and readily available. These terms and conditions may differ from Brand to Brand and may be changed without prior notice. Any such third party and/or Brand may enforce these terms and conditions against you.

We grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform in accordance with these Terms and Conditions, but we reserve the right to revoke any or all authorizations at any time. You agree to use our Platform for lawful purposes only and in a way that does not infringe on the rights of any third party or restrict or inhibit the use and enjoyment of our Platform by such third party, Creator or Brand. These Terms and Conditions come with some restrictions that apply to the rights granted to you. You must retain all copyright and proprietary notices on our Platform and any content displayed thereon, and you must clearly display the source. You are not allowed to modify, disassemble, reverse engineer, or create derivative works from any part of our Platform or any of its content.

Unless we expressly permit it in writing, you cannot copy, modify, reproduce, distribute, republish, download, display, post, or transmit any part of our Platform in any form or by any means, including linking, framing, hyper-linking, or deep-linking into any other website or platform. You are prohibited from accessing our Platform for the purpose of creating a similar or competing website, product, or service.

You must retain all copyright and proprietary notices on our Platform and any content displayed thereon, and you must clearly display the source. Any future release, update, or addition to the functionality of our Platform will also be subject to these Terms and Conditions, unless otherwise indicated.

Changes

We advise you to regularly check these Terms and Conditions since we reserve the right to modify or revise them at any time without prior notice. Additionally, we reserve the right to suspend or discontinue the Platform or any Collaborations, or terminate your use of the Platform at our discretion.

No Support, Maintenance or Guarantee. You understand and agree that we are not responsible for providing you with any maintenance or support for the Platform or any of its features. We cannot guarantee that our Platform will not contain any viruses, malware or other harmful code that may negatively impact your device. You are responsible for ensuring that your device has adequate protection against such threats.

Term. These Terms and Conditions shall apply to and govern your use of our Platform at all times. This includes, but is not limited to, when you register as a Creator, submit a Collaboration request, access a Collaboration from a Brand, or interact with the Platform in any other manner. These Terms and Conditions, as they may be amended from time to time, shall remain in effect.

Service

Our online Platform connects Brands with Creators for Collaborations. Brands post Collaborations, which are processed by COLLABIFY. The Brand posts through their account. We reserve the right to delete Collaborations that we deem inappropriate, harmful to our reputation, or unserviceable. When creating a collaboration, Brands select Creators that are most appropriate for the Collaboration, and requests their confirmation. Creators can accept or reject the request, and if confirmed, are expected to dress and behave appropriately as representatives of COLLABIFY.

As a pre-condition and integral part of availing a Collaboration, the Creator is expected to post about the Collaboration on their social media accounts, to the platforms chosen by the Brand. The Creator is also expected to upload all content taken during the Collaboration to the COLLABIFY app.

Account creation

You are solely responsible for the accuracy of the information you provide when creating an account with us. All information must be provided true, accurate, and not misleading. You should review and update this information regularly to ensure its accuracy. We may request additional information or documentation to verify the information provided. We are not liable for any costs or liabilities resulting from inaccurate information.

All interactions between Creators and Brands must remain professional and appropriate. Brands may provide feedback on Collaborations through answering specific questions, such as timeliness, conduct, and whether the Creator posted about the Collaboration on social media. The Brand may also provide an overall comment on a Creator. As a Brand or Creator using our Platform, you agree to comply with applicable laws, rules, and regulations, not infringe on any intellectual or proprietary rights of any third party, not promote or display false or misleading information, and not post offensive, illegal, or inappropriate content. You are responsible for keeping your login information confidential and not allowing others to use it. You may not disclose or provide your login information to anyone else or use anyone else's account. We are not responsible for any activity that occurs through your account.

After successfully creating an account with us, you will have a profile on our Platform containing information such as your profile picture, age, email address, phone number, and other necessary details we may require. We reserve the right to share this information without exclusion or exception. If you wish to become a Creator or request access to certain Collaborations as a Brand, you must create an account with us and comply with the specified requirements. Your account application must be approved by COLLABIFY before you can access Collaborations. We reserve the right to reject any application, suspend your Creatorship, or delete your account at our discretion without notice or explanation. Upon approval, you will receive a confirmation email and push notification from us.

Liability 

By availing a Collaboration, both the Creator and the Brand agree that it is solely an agreement between themselves, and they are responsible for their conduct and the quality of Collaborations at all times while using our Platform. We do not guarantee or warranty the quality of Collaborations, the conduct of Creators or Brands, or the availability of Collaborations or Creators on our Platform. The Creator and the Brand must exercise caution and common sense while interacting with each other and remain responsible for protecting themselves and their property.

Creators and Brands are independent contractors, and we do not control or accept responsibility for them in any way. You agree to hold us (and our affiliates, officers, employees, and agents) harmless from any claims and demands arising from your use of our Platform and Collaborations, your violation of these Terms and Conditions or other guidelines referred to herein, or your violation of applicable laws and regulations. We reserve the right to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with us. We are not responsible for any liability, cost, expense, loss or damage, including injury to persons or property, caused by a Brand, Creator, or any third party. You agree to indemnify and hold us harmless for any liability, damages, claims, costs, losses or expenses incurred as a result of your action or inaction in relation to a Collaboration or these Terms and Conditions.

Non-circumvention

As a Brand using our Platform, you agree not to directly or indirectly make any agreements or arrangements with any Creator outside of our Platform during your use of our Platform and for one year after the termination or expiration of these Terms and Conditions. You also agree to instruct any Agency you engage or employ not to enter into any agreements with any Creator. This obligation is important to COLLABIFY, and any breach of this clause may result in substantial losses and missed business opportunities. Note that subscription fees are non-refundable, even in the event of a breach of this clause or otherwise.

As a Creator using our Platform, you agree not to enter into any contracts, arrangements, or other forms of employment with any entity or third party in competition with COLLABIFY, whether directly or indirectly, during your time with us and for one year after deleting your account and discontinuing your use of our Platform. Your involvement in Collaborations shall be exclusive to COLLABIFY.

Additionally, both Creators and Brands agree not to interfere with or bypass COLLABIFY in any Transactions between them or with its contacts. They must not use third parties to circumvent this clause. If we become aware of any breach of this clause, we reserve the right to suspend the account or access of the violating party and seek further legal remedies.

Payment

Please be reminded that our Platform solely provides access to Collaborations offered by Brands. The terms and conditions for Collaborations, including cancellation policies, payment terms, liability terms, etc., shall be determined by the respective Brands.

If you are a Brand, you need to purchase a subscription from us to submit Collaborations on COLLABIFY. You can choose to pay for your subscription on a monthly, bi-yearly, yearly, or any other terms at the prices provided upon subscribing. Subscription fees are non-refundable. The Brand will not be able to create Collaborations until the payment is successfully made. We reserve the right to delete unpaid and unused accounts. Brand accounts will be suspended if payments are not met on time and reactivated once payment has been received to COLLABIFY. Although payments are non-refundable, Brands can cancel their subscription at any time by providing written notice to us. No additional subscription payments will be deducted following cancellation, and the account will be deleted.

Intellectual Property

You acknowledge and agree that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, associated with our Platform and its content are and shall remain our property or that of our third-party suppliers (as applicable). These Terms and Conditions and your use of our Platform do not transfer any rights, title, or interest in such Intellectual Property to you or any third party, except for the limited access rights specified in clause 1.3. We reserve all rights not explicitly granted in these Terms and Conditions and also on behalf of our third-party providers. No implied licenses are granted under these Terms and Conditions or by your use of our Platform.

We do not claim any ownership or intellectual property rights to the content you post on Instagram or other social media platforms. However, by displaying or publishing any content related to a Collaboration on your social media accounts, you grant us a non-exclusive, fully paid, royalty-free, worldwide, unlimited license and right to use, publicly display, reproduce, and modify such content, including without limitation distributing all or part of such content in any media form through any media channel.

Liability

Our liability is limited to the extent permitted by applicable laws. We won't be responsible to you or any third party for any loss or damage, including theft, property damage, loss of profits, data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in connection with these Terms and Conditions and/or your use, or inability to use, our Platform and/or the Collaborations. By using our Platform, you assume all risks associated with accessing and using our Platform and/or participating in Collaborations. Any damage to your person, belongings or device while using our Platform is solely your responsibility. We will not be liable for any breach of these Terms and Conditions caused by any event beyond our reasonable control, such as acts of God, accidents, government regulations, laws or measures.

These Terms and Conditions do not affect your legal rights under mandatory consumer protection laws that cannot be excluded or limited by applicable law.

Termination

These Terms and Conditions shall remain in effect as long as you use our Platform, avail a Collaboration, or have an account with us. We reserve the right to suspend or terminate your access to our Platform at any time, at our sole discretion, for any reason. Upon termination of your access to our Platform, your account with us, if any, and your right to access our Platform shall be terminated immediately. We shall not be held liable for any termination of your access to our Platform.