Terms of Service | Influking

1. Agreement to these terms

These Terms of Service ("Terms") are a binding agreement between you and Sphinx Solutions, registered at 6th Floor, Olympia, Mumbai-Bangalore Highway, near Supreme HQ, Baner, Pune, Maharashtra 411045, which operates the Influking platform.

By creating an account, accessing the platform, or accepting or commissioning campaign work through it, you agree to these Terms. If you do not agree, do not use the platform.

If you are using Influking on behalf of a company, you confirm you have authority to bind that company, and "you" refers to that company.

Our Privacy Policy forms part of these Terms.

2. Definitions

Platform: the Influking website, dashboards and related services.
Brand: a business, or someone acting for a business, that uses the Platform to find creators and run campaigns.
Creator: an individual who maintains a profile on the Platform and produces content for campaigns.
Campaign: a piece of work a Brand commissions from one or more Creators through the Platform, defined by a brief.
Deliverables: the posts, reels, videos, stories or other content a Creator agrees to produce for a Campaign.
Campaign Agreement: the specific commercial terms agreed between a Brand and a Creator for a Campaign, including deliverables, timelines, fees and usage rights.
User: any Brand or Creator with an account.

3. Eligibility and your account

You must be at least 18 years old and legally able to enter into contracts to use Influking.

When you register, you agree to give accurate and complete information and to keep it up to date. You are responsible for everything that happens under your account, and for keeping your password confidential. Tell us immediately at sales@influking.com if you suspect unauthorised access.

One person or business may hold one account, unless we agree otherwise in writing. You may not transfer or sell your account, or let anyone else use it.

Creator profiles must describe you honestly. Misrepresenting your audience, your engagement, your location or your identity is a material breach of these Terms.

4. What Influking is, and what it is not

Influking is a marketplace and a set of tools. We help Brands discover Creators, agree terms, manage Campaigns and handle payments.

We are not a party to the Campaign Agreement between a Brand and a Creator. That agreement is between those two parties. We do not employ Creators, and a Creator is not our agent, employee, partner or contractor. Creators work independently and decide how they produce their content, subject to the brief they accept.

This means we do not guarantee:

That any Brand will commission you, or that any Creator will accept a brief.
The performance of a Campaign: reach, engagement, conversions or sales.
The quality, legality or timeliness of a Creator's Deliverables, or a Brand's conduct.
The accuracy of audience data reported by third-party social platforms.

We do verify what we reasonably can, and we act on abuse when we find it, but the commercial relationship, and the risk within it, sits with the Brand and the Creator.

5. Terms for Brands

If you use Influking as a Brand, you agree to:

Provide briefs that are clear, lawful and complete, including deliverables, timelines, usage rights and fees.
Give Creators the information and assets they need to do the work.
Review Deliverables and give feedback or approval within the agreed timeframe. Where no timeframe is agreed, within a reasonable period.
Pay agreed fees in full and on time through the Platform.
Use content only within the usage rights actually granted; see Content and intellectual property.
Not contract with a Creator you met through Influking outside the Platform in order to avoid our fees, for the duration of your account and 12 months afterwards.
Not use creator data from the Platform for any purpose other than evaluating and running Campaigns.
Ensure your products, claims and campaign messages comply with applicable advertising and consumer protection law.

6. Terms for Creators

If you use Influking as a Creator, you agree to:

Keep your profile, rates and connected accounts accurate and current.
Only accept briefs you can genuinely deliver, and deliver them on time and to the agreed specification.
Produce original content that you have the right to publish, and that does not infringe anyone else's rights.
Disclose paid partnerships clearly; see Advertising disclosure.
Keep a Brand's confidential information and unreleased product details confidential until the Campaign goes live.
Not delete or materially edit published Deliverables during the agreed live period without the Brand's consent.
Not artificially inflate your metrics: no bought followers, engagement pods, bots or fake accounts.
Handle your own taxes on the income you earn.

You keep full creative control over how you make your content, subject to the brief you accepted. You may decline any Campaign, for any reason.

7. Campaigns, deliverables and approvals

A Campaign becomes binding when a Brand and a Creator both accept the brief through the Platform. At that point the Campaign Agreement is formed between them, incorporating these Terms.

Changes to scope, timelines or fees must be agreed by both parties through the Platform. Verbal or off-platform variations are not recorded and we cannot help resolve disputes about them.

If a Creator cannot deliver, they must tell the Brand as soon as possible. If a Brand cancels after work has begun, a fair proportion of the fee reflecting work already done remains payable, unless the parties agree otherwise.

Where a dispute arises, both parties should first try to resolve it directly through the Platform. We may, at our discretion, review the campaign record and offer a non-binding recommendation, but we are not an arbitrator and we are not obliged to intervene.

8. Advertising disclosure and platform rules

Sponsored content must be identifiable as sponsored. Creators are responsible for labelling paid partnerships clearly and prominently, and Brands are responsible for not asking them to do otherwise.

At minimum, this means:

Using a clear label such as "Ad", "Advertisement", "Sponsored" or "Paid partnership", visible without needing to expand a caption or click "more".
Using the social platform's own paid-partnership tools where available.
Complying with the applicable rules in your market: in India, the ASCI Guidelines for Influencer Advertising in Digital Media; in the United States, the FTC Endorsement Guides; in the United Kingdom, the CAP Code and ASA guidance; and equivalent rules elsewhere.
Not making claims about a product that you have not verified, or that the Brand has not substantiated.
Disclosing material connections even where no fee is paid, including gifted product, affiliate links and free services.

You must also follow the terms of the social platforms you publish on. Nothing in a Campaign brief overrides those platforms' rules, and a Brand cannot require you to breach them.

9. Fees, payments and taxes

Campaign fees. Brands pay the fee agreed in the Campaign Agreement through the Platform. We may require funds to be committed before a Creator begins work.

Our fee. Influking charges a service fee on each Campaign for use of the Platform. The applicable fee is shown before you confirm a Campaign.

Creator payouts. Once Deliverables are approved, or deemed approved because the Brand did not respond within the agreed window, we release payment to the Creator on the next payout cycle, within 15 business days of approval. Payouts go to the payment details on your account. Keep them accurate, as we are not responsible for payments sent to details you provided incorrectly.

Taxes. Fees are exclusive of taxes unless stated otherwise. Each party is responsible for its own taxes, including any GST, VAT, withholding or income tax that applies to it. Where we are required to withhold tax or collect it at source, we will do so and provide the relevant documentation.

Refunds and chargebacks. Fees for completed work are non-refundable except where required by law or where we determine, in our reasonable discretion, that Deliverables were not provided. Initiating a chargeback instead of raising a dispute with us may result in suspension of your account.

10. Content and intellectual property

What Creators own

Creators own the content they produce, unless the Campaign Agreement expressly transfers ownership.

What Brands get

By accepting a Campaign, a Creator grants the Brand the licence set out in the Campaign Agreement, covering the media, territory, duration and purposes stated there. If the agreement is silent, the Brand receives a non-exclusive licence to share and reshare the Deliverables on the Brand's own social channels for six months from publication, with attribution to the Creator.

Any wider use (paid advertising, whitelisting, out-of-home, packaging, perpetual rights) must be agreed and paid for separately. Using content beyond the licence granted is an infringement of the Creator's rights.

What Brands provide

Brands keep ownership of their trademarks, product imagery and other materials, and grant Creators a limited licence to use them for the Campaign only.

What Influking may use

You grant us a non-exclusive, worldwide, royalty-free licence to host, store, display and transmit your content as needed to operate the Platform. We may also feature published Campaign content and your name and logo in our own marketing and case studies. You can opt out of this at any time by contacting sales@influking.com.

Infringement

If you believe content on the Platform infringes your rights, contact sales@influking.com with details of the work, the material in question and your contact information. We will investigate and remove infringing material where appropriate.

11. Acceptable use

You may not:

Inflate metrics artificially: buying followers, likes, views or comments, or using bots, pods or fake accounts.
Misrepresent your identity, audience, location or past work.
Post or commission content that is unlawful, defamatory, obscene, hateful, harassing, or that promotes discrimination or violence.
Infringe anyone's intellectual property, privacy or publicity rights.
Circumvent the Platform to avoid fees, after being introduced through it.
Scrape, crawl or harvest data from the Platform, or use automated means to access it, without our written permission.
Reverse engineer, interfere with or attempt to gain unauthorised access to the Platform or its security.
Use the Platform to send spam, or to market unrelated products to other Users.
Promote products or services you are prohibited from promoting under applicable law or platform rules.

We may investigate suspected breaches and take any action we consider appropriate, including removing content, withholding payment pending investigation, and suspending or closing accounts.

12. Third-party platforms and services

Influking depends on third-party social platforms for authentication and data. Their availability, APIs and policies are outside our control, and may change or be withdrawn at any time. We are not responsible for a third-party platform's actions, including suspension of your social account or changes to the data it makes available to us.

The Platform may contain links to third-party sites. We do not control and are not responsible for their content or practices.

13. Data protection

How we handle personal information is described in our Privacy Policy.

Where a Brand receives personal information about Creators, or about audiences, through the Platform, that Brand must handle it in accordance with applicable data protection law, use it only for the Campaign, and not retain it longer than needed. Where we process personal data on a Brand's behalf, our data processing agreement applies.

14. Suspension and termination

You may close your account at any time from your dashboard. Closing an account does not cancel Campaign obligations already agreed. Those must be completed or settled with the other party.

We may suspend or terminate your access if you breach these Terms, if we are required to by law, if your conduct exposes us or other Users to risk or liability, or if we discontinue the Platform. Where circumstances allow, we will give you notice and an opportunity to put things right.

On termination, your right to use the Platform ends immediately. Sections that by their nature should survive (payment obligations, content licences already granted, intellectual property, disclaimers, limitation of liability, indemnity and governing law) continue to apply.

15. Disclaimers

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, secure or error-free, that defects will be corrected, or that data supplied by third-party platforms is accurate or complete.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

16. Limitation of liability

To the fullest extent permitted by law, Influking is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, whether or not we were advised such losses were possible.

Our total aggregate liability arising out of or relating to these Terms or the Platform is limited to the greater of: the total fees you paid to us in the twelve months before the event giving rise to the claim, or the equivalent of one hundred United States dollars in local currency.

We are not liable for disputes between Brands and Creators, for a Creator's Deliverables, for a Brand's use of content, or for the commercial outcome of any Campaign.

17. Indemnity

You agree to indemnify and hold harmless Sphinx Solutions, its officers, directors, employees and agents from any claim, demand, loss, liability or expense (including reasonable legal fees) arising out of your use of the Platform, your content, your breach of these Terms or of applicable law, or a dispute between you and another User.

18. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict of law rules. The courts of Pune, India have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and you consent to that jurisdiction.

Before starting formal proceedings, we ask that you contact us at sales@influking.com so we can try to resolve the matter informally. Most disputes can be settled that way.

19. Changes to these terms

We may update these Terms as the Platform develops or the law changes. The "last updated" date at the top of this page reflects the current version.

For material changes we will give you reasonable notice by email or through the Platform before they take effect. Continuing to use the Platform after that date means you accept the revised Terms. If you do not accept them, close your account before they take effect.

Campaigns already agreed continue under the Terms in force when they were agreed.

20. General

Entire agreement: these Terms, the Privacy Policy and any Campaign Agreement form the whole agreement between us on this subject.
Severability: if any provision is found unenforceable, the rest remains in force.
No waiver: if we do not enforce a right, that is not a waiver of it.
Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets.
Notices: we may send notices to the email on your account. You should send notices to sales@influking.com.

21. How to contact us

Questions about these Terms:

Email: sales@influking.com
Post: Sphinx Solutions, 6th Floor, Olympia, Mumbai-Bangalore Highway, near Supreme HQ, Baner, Pune, Maharashtra 411045