Terms of Service

Last updated: December 27, 2024

Subject to these Terms of Service (this "Agreement"), ExplainX ("ExplainX", "we", "us", and/or "our") provides access to ExplainX's AI-powered influencer marketing platform (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.

If you are entering into this Agreement on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.

1. Platform Services

1.1 Service Description

ExplainX provides an AI-powered influencer marketing platform that connects brands with creators through:

  • AI-driven matchmaking between brands and creators
  • Campaign management and analytics tools
  • Performance tracking and ROI measurement
  • Secure payment processing and escrow services

1.2 Service Access

  • Access is provided through explainx.ai and associated domains
  • Requires creation and maintenance of an account
  • Subject to continued compliance with these terms

2. User Obligations

2.1 Account Requirements

  • Provide accurate and complete registration information
  • Maintain the security of account credentials
  • Promptly update any changes to account information
  • Accept responsibility for all activities under your account

2.2 Acceptable Use

  • Use services in compliance with all applicable laws
  • Maintain professional conduct in all platform interactions
  • Respect intellectual property rights of others
  • Provide accurate campaign and performance data

3. Payment Terms

3.1 Brand Fee Structure

  • One-time platform access fee required for brands upon joining
  • Recurring fees based on campaign spend volume
  • Additional fees may apply for premium features or services
  • All fees are non-refundable unless otherwise stated

3.2 Creator Fee Structure

  • Platform commission on successful campaign payments
  • Commission rates clearly displayed before campaign acceptance
  • Transparent earnings calculation and distribution

3.3 Payment Processing

  • Secure payment processing through authorized providers
  • Escrow services for campaign payments to ensure security
  • Automated creator compensation distribution after campaign completion
  • Processing fees may be deducted from payments

3.4 Campaign Payments

  • Brands must fund campaigns before creator assignment
  • Clear payment milestones and release conditions
  • Dispute resolution process for payment issues

4. Data Collection and Usage

4.1 Current Data Practices

  • Collection of basic account and transaction information
  • Storage of campaign performance metrics
  • Processing of payment and financial information

4.2 Future Data Usage

  • Platform reserves the right to implement data analysis features
  • Potential use of data for platform optimization and improvement
  • Possible implementation of advanced analytics and insights
  • Users will be notified of significant changes to data usage

4.3 Data Protection

  • Implementation of industry-standard security measures
  • Commitment to data privacy and protection
  • Regular security audits and updates

5. Content and Intellectual Property

5.1 Creator Content Rights

  • Creators retain full ownership of their original content
  • Limited license granted for campaign purposes
  • Right to showcase campaign results and metrics

5.2 Brand Rights

  • Brands retain ownership of their trademarks and brand assets
  • Clear usage rights for campaign duration
  • Content approval rights for brand compliance

5.3 Platform Rights

  • Right to showcase successful campaigns
  • Usage of anonymized performance data
  • Marketing and promotional rights with user consent

6. AI and Automated Systems

6.1 AI Usage

  • AI systems used for matchmaking and recommendations
  • Automated performance tracking and analysis
  • Machine learning for platform optimization

6.2 Data Processing

  • Automated data collection and analysis
  • Algorithm-based decision making
  • Performance prediction and optimization

7. Termination

  • Right to terminate for violations of terms
  • Account suspension for suspicious activity
  • Data handling post-termination

8. Disclaimers and Limitations

THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM.

9. Dispute Resolution

9.1 Governing Law

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

9.2 Jurisdiction

Any disputes shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

10. Changes to Terms

We reserve the right to modify these terms at any time. Changes will be effective immediately upon posting to the platform. Continued use of the platform constitutes acceptance of modified terms.

11. Contact Information

For questions about these Terms, contact us at:

Legal Team

ExplainX

Email: legal@explainx.ai

Address: Mumbai, India - 410210

By using ExplainX, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them.

Last updated: December 27, 2024