Term of Services

KonTnT

 

1.1 KonTnT, KonTnT.app (herein referred to as KonTnT, we, us, or our) owns and operates certain websites, including https://kontnt.app, platforms, including https://manage.kontnt.app, and KonTnT Mobile Apps (collectively, the "Platform") and makes available marketing and promotional services (the KonTnT Services). All use of the KonTnT Services and Platform is subject to the latest version of the terms and conditions contained in this Terms of Service Agreement, as amended from time to time (Agreement). Please read this Agreement carefully. By accessing, creating an account, browsing, or otherwise using the KonTnT Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse, or use the KonTnT Services.

 

1.2 This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, supersedes all previous Agreement versions, except for existing separate agreements concluded in writing between the parties concerning such subject matter, and may be modified at any time without prior notice. Without prejudice to the foregoing, it is only the latest version of the Agreement which governs all the Content, including Content pieces created in the past. Any changes to this Agreement will be posted on this page and will indicate the latest revision. You may read a current, effective copy of this Agreement at any time by visiting https://kontnt.app/terms-of-service. Any such Agreement changes will become effective immediately upon their posting on this page. Continuation to browse KonTnT websites and/or use KonTnT services will constitute your agreement to any changes made to the Agreement. Without prejudice to the foregoing, in the event of any conflict of terms found between this Agreement or any other terms and conditions, end-user license agreements, or privacy policies, the terms of this Agreement shall prevail.

 

1.3 Additional Terms. In addition, when using KonTnT, you will be subject to any additional terms applicable to our services that may be posted on the KonTnT websites and/or services from time to time, including without limitation, KonTnT’s Privacy Policy located at https://kontnt.app/privacypolicy/ (the “Privacy Policy”), additional terms and conditions applicable to the Brands and Creators. All such terms and conditions are hereby incorporated by reference into this Agreement.

1.4 ARBITRATION. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. SECTION 10 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST KONTNT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (C) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED IN A COURT OF LAW.

1.5 “KONTNT UGC FOR INTERNET CONTENT PROVIDER CO. L.L.C” maintains the KonTnT APP

 

2. INTRODUCTION

2.1 The purpose of the KonTnT platform is to connect businesses (“Brands”) with the user community on social media (“Creators”) and enable social media marketing, user-generated content, and other tasks: create and manage relationships, arrange products/services giveaways, enable user-generated content purchases and distribution on social media; subject to compliance with these Terms of Service. In doing so, Creators may create films, videos, animations, audiovisual works, or other media (“Content”) and sell rights to such Content to Brands. 2.2 KonTnT platform also allows Creators to create and sell rights to Content directly to KonTnT, which subsequently licenses such Content to its customers. 2.3 In these Terms of Service, Brands and Creators are collectively and individually referred to as “users” or “you” as the context requires. Whenever a Brand acts on behalf of its clients (e.g., a Brand is an agency that represents multiple clients for whom Content is created), Creator and KonTnT confirm that nothing in the Agreement restricts the Brand from sharing Content with the Brand's clients. 2.4 Your access to and use of the KonTnT Platform is conditional upon your agreement and acceptance of these Terms of Service. Continuation to use the KonTnT Platform is regarded as acceptance of these Terms of Service. If you do not wish to be bound by these Terms of Service, do not use the Platform. 2.5 KonTnT may at any time revise these Terms of Service by updating this page. Revisions will take immediate effect and may affect your ability to use the Platform. Since you are bound by these Terms of Service each time you use the KonTnT Platform, you should check these Terms of Service for any revisions each time you use it and wherever prompted to do so. Your use of the KonTnT Platform following the posting of any revisions to these Terms of Service constitutes your acceptance of those revisions. 2.6 KonTnT reserves the right to change the Platform in any way it sees fit. Even if you have an Account, your ability to access and use the KonTnT Platform may be terminated at any time without notice to you. 2.7 Any costs associated with using the KonTnT Platform remain your responsibility and are dependent on the service provider used.

 

3. USING THE KONTNT PLATFORM

3.1 Content creation and selling to Brand 3.1.1 The KonTnT Platform allows Brands to connect with the user community on social media and/or purchase user-generated content in order to acquire Creators’ video and audio content, created specifically for the Brand pursuant to a request submitted by the Brand on the Platform. 3.1.2 Using the KonTnT Platform, Brands provide tailored social media marketing and/or user-generated content tasks (“Task”) with an accurate and comprehensive description of Content requirements (“Task Brief”). 3.1.3 Creators may select specific Task which they wish to undertake and sell Content created to the specific Brand. By selecting the Task, the Creator expresses their consent to implement the Task following the Task Brief and other conditions, including remuneration terms presented in the Task, as well as terms and conditions provided in these Terms of Service. The Brand, at their sole discretion, decides whether to approve a specific Creator to carry out the Task. The Creator may undertake implementing the Task only after the Brand confirms it. 3.6 Creators and Brands agree that they will not attempt to negotiate terms or payment for the social media marketing task or user-generated content. 3.2 Content creation and selling to KonTnT 3.2.1 The KonTnT platform also allows Creators to create their own Content and sell it to KonTnT. KonTnT makes this Content available through the stock library for its customers to acquire certain rights to such Content under separate agreements. 3.2.2 KonTnT is entitled to establish technical and (or) any other requirements to such Content, which the Creator must follow if they wish to sell the Content to KonTnT. 3.2.3 KonTnT remunerates the Creator for the Content following the conditions set out by KonTnT and presented to the Creator before the Content is uploaded to the KonTnT platform. 3.2.4 KonTnT is entitled to refuse to accept the Content or to remove the Content from KonTnT platform’s stock library for any reason. 3.2.5 “Any purchase, dispute or claim arising out of or in connection with this KonTnT APP shall be governed and construed in accordance with the laws of UAE”

 

4. REGISTERING AN ACCOUNT

4.1 In order to use the KonTnT Platform, users must register an account via the Platform in the manner required and as set out in these Terms of Service. 4.2 KonTnT reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. 4.3 All information provided when registering an Account must be current, correct, and complete. Incomplete, ineligible, or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the KonTnT Platform. You may never use another’s Account without permission. 4.4 You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify KonTnT of any unauthorized use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify KonTnT when you desire to cancel your Account. KonTnT will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. 4.5 KonTnT retains the right and absolute discretion to terminate your Account and/or access to the KonTnT Platform (or any element thereof) if it believes that you are abusing or tampering with the KonTnT Platform (or any element thereof) in any way, that you have breached these Terms of Service, or that you have engaged in any unlawful, unethical, unsportsmanlike, or other misconduct calculated to jeopardize the proper administration of the KonTnT Platform (or any element thereof). 4.6 The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. KonTnT reserves the right to suspend or terminate your Account if it believes you are engaging

 

5. TERMS APPLICABLE FOR CREATORS

5.1 Eligibility. To use the KonTnT platform, Creators must meet these eligibility criteria: 5.1.1 Any person must be 18 or older to register a Creator Account on the KonTnT Platform. 5.1.2 In order to participate in any tasks and earn compensation via KonTnT, Creators’ social media channels (including, but not limited to, Instagram and Facebook) may not contain any inappropriate, unethical, disrespectful content or content that is contrary to these Terms of Service or to the terms of use of the relevant social media platform of the Creator’s social media channels. 5.2 Responsibilities. The Creator is solely responsible for: 5.2.1 Providing accurate and up-to-date personal, contact, and social media account information. This includes PayPal or bank account information for KonTnT to be able to transfer earned commissions to the Creator. 5.2.2 Ensuring compliance with the Task Brief and/or other requirements provided in advance. KonTnT reserves the right to decline Creators' work until the provided requirements are met to the desired standards. 5.2.3 Timely delivery, in accordance with the Task Brief and/or other requirements provided in advance. 5.2.4 Including necessary information, required by KonTnT, Brand, or the governing law when publishing on social media channels, if agreed by the Brand, including but not limited to ad disclaimers. 5.2.5 The Creator’s interactions with other users of the KonTnT Platform. The Creator agrees that KonTnT and Brand are not responsible for the conduct of any user. 5.3 If the Creator does not meet the minimum standard, the Creator may not be able to participate in the Task or access the full functionality of the Platform. 5.4 To register a Creator Account, the Creator must sign in to the Platform with their Instagram, Facebook account, or other provided method. In order to participate in tasks, the Creator must connect their Instagram account in the manner required. The KonTnT Platform will not publish any content on the Creator’s behalf on their owned social media channels. 5.5 Task Delivery. When participating in a Task, the Creator must follow these rules: 5.5.1 Content must adhere to the requirements contained in these Terms of Service, and requirements imposed by the Brand and KonTnT at the time of submitting the Content for approval. The Brand or KonTnT may reject Content that does not comply with this condition until all requirements are met. 5.5.2 The Creator warrants, in respect of each piece of Content created for tasks, that: 5.5.2.1 The Creator is of legal age to create, own, and operate social media channels. 5.5.2.2 The Creator owns the Intellectual Property Rights in the Content and is not restricted from executing the Creator’s obligation to assign the Intellectual Property Rights in the Content to the Brand and/or KonTnT as set out in these Terms of Service.
5.5.2.3 The Content does not violate the privacy rights, contract rights, or other rights (including Intellectual Property Rights) of any person, corporation, or entity.
5.5.2.4 The Content does not contain any misrepresentation or suggestion that the Creator or any third party has the approval or sponsorship of any other party which the Creator or such third party does not have.
5.5.2.5 Any and all statements in the Content regarding the Creator’s use and experience of the Brand or the Brand’s products or services are true and correct and representative of the Creator’s opinion, regardless of whether the Creator is paid for such content or not, and fairly represent the Creator’s use and experience. The Creator will promptly notify KonTnT if the Creator’s opinion of the Brand changes from that which the Creator has expressed to date.
5.5.2.6 The relevant Content does not contain any representations or material which the Creator knows or suspects (or ought reasonably to have known or suspected) to be false, misleading, or deceptive.
5.5.2.7 The relevant Content is original and does not contain materials that have been previously broadcast, streamed, published, posted onto any social media channel, or otherwise communicated to the public by the Creator in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party.
5.5.2.8 The Creator has not entered into any other agreement, arrangement, or understanding with any guild, union, industrial organization, or other third party which prevents or limits the Creator from adhering to these Terms of Service, performing the Creator’s obligations, or granting the rights and benefits set forth herein, or results in a conflict of interest.
5.5.2.9 The use of the Content and the exercise of the Intellectual Property Rights in the Content by the Brand and/or KonTnT will not infringe any Intellectual Property Rights or other legal rights of any person or entity, nor give rise to a liability or any obligation to pay compensation to any person or entity.
5.6 Creator Restraints. The Creator agrees not to:
5.6.1 Parody, disparage, give any adverse comment, or make fun of the Brand or its
products or services generally in any way.
5.6.2 Create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines Content or the Brand or its products or services.
5.7 The Creator acknowledges that the restrictions contained in the clause above are reasonable in scope and duration, having regard to the interests of the Brand and/or KonTnT, and that these Terms of Service go no further than is reasonably necessary to protect the interests of the Brand and KonTnT.

 

6. TERMS APPLICABLE FOR BRANDS

6.1 The relevant Brand is solely responsible for:
6.1.1 Providing the Creator with an accurate and comprehensive description of Content requirements (“Task Brief”).
6.1.2 Ensuring free product giveaways or service trials.
6.1.3 Approving task participants and content created for the Brand in a timely manner.
6.1.4 Timely paying for Content uploaded to the KonTnT Platform.
6.2 The Brand will be charged upfront for each Task the Brand creates (multiple tasks if you select one of KonTnT’s Subscription plans). More information on KonTnT’s Pricing and charges can be found on our pricing page, located at https://kontnt.app/pricing.
6.3 Brands must adhere to the minimum spend (if applicable) implemented by KonTnT and enclosed on the Websites and the Platform. KonTnT may, at its sole discretion, change the minimum spend for Brand Accounts.
6.4 Payment Terms for Brands
6.4.1 You agree to pay KonTnT all fees and charges made to your Brand Account for
all created, approved Tasks, in accordance with these Terms of Service.
6.4.2 You must pay all charges in the manner agreed upon when creating the Task. If no manner for payment is stated, the payment must be made by credit card using a provider authorized by KonTnT. KonTnT reserves the right to charge a credit card surcharge.

6.4.3 Brands may request that KonTnT issue an invoice for fees and charges expected to be incurred by the Brand during the course of a task (“Invoice”), prior to the commencement of the task.
6.4.4 Brands may be required to make an additional advance payment for the task if:
6.4.4.1 Creators are required to purchase Brands’ products/services before creating Content for the Task.
6.4.4.2 KonTnT, under its sole discretion, identifies a threat to the Creator’s interest. 6.4.5 KonTnT reserves the right to refuse any Invoice request in its sole discretion.
6.4.6 Where no terms of payment are stated on an Invoice or otherwise agreed with KonTnT in writing, the following standard payment terms apply:
6.4.6.1 Transactions made on Credit Card are charged upfront.
6.5 Payment of all Invoices is due in accordance with these Terms of Service.
6.6 When you create a Task for your Brand, you undertake that you are an authorized user of the card or account (as applicable) nominated on your Brand Account and agree to pay the applicable charges, that the card details provided are current, correct, and complete, and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your Task, we may carry out a standard pre-authorisation check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfil the task budget. The relevant task may not be started until this pre-authorisation check has been completed.
6.7 If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum, but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the KonTnT Platform. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or
6.8 ‘’Visa or MasterCard debit and credit cards in AED will be accepted for payment’’
6.9 ‘’The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency”.

 

7. CREATOR COMPENSATION

7.1 Creators are compensated for the Content they create after the Content is uploaded to the Platform and accepted by Brand or KonTnT, depending on whether Creator creates Content by participating in Brand’s Task, or wishing to sell it to the KonTnT stock library.
7.3.2 Creator agrees that by uploading the Content to the Platform, upon its acceptance by Brand or KonTnT, Creator transfers all right, title, and interest in all

Intellectual Property Rights to the Content to Brand or KonTnT, and must not post such Content on Creator’s own social media channels, unless so permitted by Brand or KonTnT.

 

8. CONTENT OWNERSHIP

8.1 Brands’ Tasks: The following terms apply when Creator creates Content by participating in a Task of a Brand:
8.1.1 In consideration of Payment for the Content, the Creator transfers and assigns to the Brand all rights, title, and interest in all Intellectual Property Rights to the Content, created by Creator and uploaded onto the KonTnT Platform that pertains to the Brand’s product, without further notification to or consent of the Creator or any further compensation payable to the Creator.
“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world for their entire validity period, including, but not limited to, rights in respect of or in connection with copyright, performer’s rights, moral rights, trademarks, service marks, trade names, domain names, right of publicity, right to an image, patents, designs, and similar rights, whether or not registered or able to be registered, and includes the right to apply for the registration of such rights, anywhere in the world.
8.1.2 Intellectual Property Rights granted to the Brand by the Creator also include, but are not limited to:
 8.1.2.1 the right to edit and re-format the Content into such formats or versions for use by Brand in such media as Brand requires;
 8.1.2.2 the right for the Brand to use the Creator’s identity, Creator’s and third-party copyrighted work and performance in the Content and to communicate the Content to the public in all languages, in all media including but not limited to: in all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of KonTnT and internal communications of KonTnT); in all social media (including but not limited to the social media channels of Brand); in any other media (including internet website, television, and radio) and in any earned media or public relations activity published by a third party (including but not limited to public or private event and print, digital, and/or social media). NOTE: Content cannot be used by Brand for AI training purposes unless granted by KonTnT;
 8.1.2.3 the right to use, share, comment upon and re-post the relevant Content in all media, including social, online, digital, or other media communication channels upon which the Content was published. NOTE: Content cannot be used by Brand for AI training purposes unless granted by KonTnT;
8.1.3 Creator acknowledges and agrees that Brand will not be required to remove from any of its social, online, digital, or other media communication channel any Content or its part or any comment, share, or re-post of Content. NOTE: Content cannot be used by Brand for AI training purposes unless granted by KonTnT.

8.1.4 Creator acknowledges and agrees that upon uploading the Content to the Platform, upon its acceptance by Brand, the Content and all Intellectual Property Rights subsisting in Content irrevocably and immediately becomes the property of Brand. This assignment is absolute, worldwide, indefinite, and for all uses and purposes, including, without limitation, the re-assignment of the Content to any other person or entity, licensing the Content to any other person or entity, the making of any modifications, enhancements, adaptations, or versions of the Content, creating derivative works, and including any releases of the post in any medium. Creator agrees that Creator will, upon request by KonTnT, execute all documents and provide all information necessary to perfect Brand’s title in all Intellectual Property Rights in the Content. Creator releases Brand and KonTnT, their directors, officers, employees, successors, and assigns from all liability from any claims by Creator in connection with Content uploaded at Brand’s or KonTnT’s request. NOTE: Content cannot be used by Brand for AI training purposes unless granted by KonTnT.
8.1.5 Creator acknowledges and agrees that Content must not be posted to Creator’s channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by KonTnT or a Brand. Upon upload of the Content to the Platform, the Creator irrevocably undertakes, without the prior written consent of Brand, not to utilize, transmit, share, disseminate, or otherwise make public Content or any of its part.
8.1.6 By uploading Content to the Platform, upon its acceptance by Brand, Creator grants to Brand and its successors, licensees, and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all moral rights in the Content, and genuine consent to Brand and the successors, licensees, and assigns of Brand to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Content, whether in whole or in part, and whether alone or in combination with any other materials, including where such acts involve an infringement of any moral rights subsisting in the Content. NOTE: Content cannot be used by Brand for AI training purposes unless granted by KonTnT.
8.1.7 Brand grants KonTnT a royalty-free, perpetual, worldwide, irrevocable, non- exclusive, transferable license to use, edit, and re-format the Content for the sole purpose of marketing and promoting Brand and/or KonTnT (and the KonTnT products and services to which this Agreement pertains), without further notification to or consent of the Creator or any further compensation payable to the Creator. Subject to this license granted by Brand to KonTnT, such Content, created by Creator and uploaded onto the KonTnT Platform, can also be used by KonTnT for KonTnT’s social media, advertising, and other purposes both within and outside of the KonTnT platform. NOTE: Content cannot be used by Brand for AI training purposes unless granted by KonTnT.
8.2 KonTnT Stock Library: The following terms apply when Creator creates Content to sell it to KonTnT stock library:
8.2.1 The Creator transfers and assigns to KonTnT all rights, title, and interest in all Intellectual Property Rights to the Content, created by Creator and uploaded onto the

KonTnT Platform, without further notification to or consent of the Creator or any further compensation payable to the Creator.
8.2.2 Intellectual Property Rights granted to KonTnT by the Creator also include, but are not limited to:
8.2.2.1 the right to edit and re-format the Content into such formats or versions for use by KonTnT in such media as KonTnT requires;
8.2.2.2 the right for KonTnT to use the Creator’s identity, Creator’s and third-party copyrighted work and performance in the Content and to communicate the Content to the public in all languages, in all media including but not limited to: in all online paid media (including but not limited to digital banners); in all online owned media (including but not limited to the website of KonTnT and internal communications of KonTnT); in all social media (including but not limited to the social media channels of KonTnT); in any other media (including internet website, television, and radio) and in any earned media or public relations activity published by a third party (including but not limited to public or private event and print, digital, and/or social media);
8.2.2.3 the right to use, share, comment upon and re-post the relevant Content in all media, including social, online, digital or other media communication channels upon which the Content was published;
8.2.2.4 use the Content to train and improve artificial intelligence (“AI”) algorithms, machine learning models, and other related technologies. KonTnT also has the right to engage third-parties for the purpose of AI training using the Content.
8.2.3 Creator acknowledges and agrees that KonTnT will not be required to remove from any of its social, online, digital, or other media communication channel any Content or its part or any comment, share, or re-post of Content.
8.2.4 Creator acknowledges and agrees that upon uploading the Content to the Platform, upon its acceptance by KonTnT, the Content and all Intellectual Property Rights subsisting in Content irrevocably and immediately becomes the property of KonTnT. This assignment is absolute, worldwide, indefinite and for KonTnT uses and purposes, including, without limitation, the re-assignment of the Content to any other person or entity, licensing the Content to any other person or entity, the making of any modifications, enhancements, adaptations, or versions of the Content, creating derivative works, and including any releases of the post in any medium. Creator agrees that Creator will, upon request by KonTnT, execute all documents and provide all information necessary to perfect KonTnT’s title in all Intellectual Property Rights in the Content. Creator releases KonTnT, its directors, officers, employees, successors, and assigns from all liability from any claims by Creator in connection with Content uploaded at Brand’s or KonTnT’s request.
8.1.5
Creator acknowledges and agrees that Content must not be posted to Creator’s channels or published in any other way under any circumstances, including re-posting or commenting upon the Content after it has been posted or shared by KonTnT. Upon upload of the Content to the Platform, the Creator irrevocably undertakes, without the

prior written consent of KonTnT, not to utilize, transmit, share, disseminate, or otherwise make public Content or any of its part.
8.1.6
By uploading Content to the Platform, upon its acceptance by KonTnT, Creator grants to KonTnT and its successors, licensees, and assigns, to the maximum extent permitted by law, an unconditional and irrevocable waiver of all moral rights in the Content, and genuine consent to KonTnT and the successors, licensees, and assigns of KonTnT, to use, deal, reproduce, publish, transmit, adapt, edit, change, modify or relocate the Content, whether in whole or in part, and whether alone or in combination with any other materials, including where such acts involve an infringement of any moral rights subsisting in the Content.

 

9. CREATOR & BRAND REPRESENTATIONS AND WARRANTIES

9.1 Creators and Brands participating in the KonTnT Platform warrant, represent, and covenant that:
9.1.1 All information you provide to KonTnT upon registering for an Account is true, accurate, and complete and not misleading;
9.1.2 Any third-party social media accounts to which you link or upload to the Content are:
 9.1.2.1 Your own accounts;
 9.1.2.2 If the Account refers to a Brand, that you are the authorized representative of the Brand with the right to access its social media accounts and represent its interests; and
 9.1.2.3 If the Account refers to an individual other than you, you are the authorized representative of that individual with the right to access his or her social media accounts and control his or her interests;
9.1.3 You have the right and authority to create an Account and agree to these Terms of Service, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Service, and to use the KonTnT Platform on its or his or her behalf;
9.1.4 You are authorized to submit Content, as applicable, in the manner invited via the KonTnT Platform;
9.1.5 Any Content you submit to the KonTnT Platform will not contain anything that:
 9.1.5.1 Is illegal or contrary to any laws, applicable industry code, or the requirements or directions of relevant regulators;
 9.1.5.2 Is copied or adapted either wholly or substantially from any other work or material;
 9.1.5.3 Is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable, or contains, depicts, or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behavior or sexually suggestive imagery;

 9.1.5.4 Parodies, disparages or makes fun of KonTnT or its products or services or KonTnT generally in any way;
 9.1.5.5 Solicits passwords or personal information for commercial or
unlawful purposes or provides any telephone numbers, street addresses, last names, URLs, or email addresses (unless part of a task);
 9.1.5.6 Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
 9.1.5.7 Involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
 9.1.5.8 Infringes the privacy rights, contract rights, or other rights (including Intellectual Property Rights) of any person, corporation or entity.
9.2 Brand hereby grants permission to KonTnT to use Brand’s corporate name and to depict Brand’s trademark, logotype, or other corporate insignia on the Platform for the KonTnT activities promotion purpose. KonTnT will only use the mentioned Brand’s signs in order to represent KonTnT’s regarded clientele and will not imply any relationship with the Brand as specified in item 15.6 of these Terms of Service.

 

10. FTC REQUIREMENTS

10.1 FTC rules regarding testimonials in advertising do not apply to KonTnT, thus the Brand is solely responsible for compliance with them.
10.2 To comply with the FTC rules regarding testimonials in advertising, all Brands are advised to follow the guidelines of the FTC, which can be found here.
10.3 FTC rules regarding testimonials in advertising apply to Creators to the extent that Creators are endorsing the Brand’s product. In practice, this means that the Creators cannot make false or misleading statements as part of their endorsements and they must disclose material connections between them and the advertiser. There is no guarantee that any post submitted will be positive. All product reviews must reflect the Creator’s genuinely held beliefs.

 

11. ACKNOWLEDGEMENTS

11.1 The Brand and the Creator acknowledge that:
 11.1.1 Brand may arrange to send Creator a sample product or choose to reimburse Creator for the cost associated with purchasing the product/service. In either case, the Product or Service trial is free for the Creator.
 11.1.2 KonTnT will not be responsible or liable in any way for late delivery or non-arrival of any products sent from a Brand to a Creator.
 11.1.3 Nothing in these Terms of Service grants to the Creator any ownership rights in the Intellectual Property Rights of the Brand; and
 11.1.4 Nothing in these Terms of Service requires the Brand to make use of any of the rights granted to the Brand by the Creator under this Agreement.

11.2 Creator agrees to indemnify, and must defend and hold harmless, KonTnT and its related bodies corporate, personnel, servants, and agents, from and against any loss, damages, and expenses, including reasonable attorney fees, arising from any claim, demand, action, suit, or proceeding brought by a third party in relation to:
 11.2.1 Access to the KonTnT Platform in violation of this Agreement;
 11.2.2 Creator’s breach of these Terms of Use or any of the warranties or covenants given or made by Creator;
 11.2.3 Your Content, if such Content does not conform to the terms of a Task Brief or other instructions provided by Brand;
 11.2.4 Your violation of any applicable laws, rules or regulations; and
 11.2.5 Any misrepresentation made by you.
11.3 Brand agrees to indemnify, and must defend and hold harmless KonTnT, its affiliates, and respective directors, officers, employees, successors, agents, and assigns against any loss, damages, and expenses, including reasonable attorney fees, arising from any claim, demand, action, suit, or proceeding brought by a third party in relation to:
 11.3.1 Access to the KonTnT Platform in violation of this Agreement;
 11.3.2 Brand’s breach of these Terms of Use or any of the warranties or covenants given or made by Brand;
 11.3.3 Any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights; and
 11.3.4 Your violation of any applicable laws, rules or regulations.
11.4 The Party seeking indemnity under items 11.2-11.3 of this Agreement (“Indemnified Party”) will use commercially reasonable efforts to provide the other Party (“Indemnifying Party”) with prompt written notice of any claim for which the Indemnified Party seeks indemnity. The Indemnified Party reasonably will cooperate in the defense of any such claim, at the Indemnifying Party’s sole expense. The Indemnifying Party may not settle any claim against the Indemnified Party without the Indemnified Party’s prior express written consent, which consent will not be unreasonably withheld, conditioned, or delayed. The Indemnified Party may participate in the defense of a claim through counsel of its own choice at its own expense; provided, however, that if the Indemnified Party reasonably determines that the Indemnifying Party is unwilling or unable to defend the Indemnified Party’s interests, then the Indemnified Party may assume the defense against any claims at the Indemnifying Party’s sole expense. The Parties’ indemnification obligations survive termination of the Agreement.

 

12. LIMITATION OF LIABILITY

12.1 In using the KonTnT Platform, you may be exposed to Content that is harmful, obscene, misleading, or inaccurate. Under no circumstances will KonTnT be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted, or otherwise made available via the KonTnT Platform.
12.2 Except in connection with a party’s indemnification or confidentiality obligations, either party’s liability in connection with these Terms of Service,

12.3 ’We will not trade with or provide any services to OFAC and sanctioned countries’’
regardless of the form or cause of action, shall be limited to the amount actually paid by the Brand to KonTnT for the services related to the Brand’s most recent task or AED 73,460 (USD 20,000), whichever is lower. KonTnT shall not be liable to Creator for damages of any kind arising out of the Creator’s use of the KonTnT Platform. Without limiting the foregoing, and except in connection with a party’s indemnification or confidentiality obligations, in no event shall either party be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, arising out of, or in connection with, the KonTnT Platform, these Terms of Service, or any Content or task. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence, or any other basis, even if KonTnT or any other party has been advised of the possibility of such damages.

 

13. MONITORING/ CONFIDENTIALITY

13.1 KonTnT reserves the right to monitor the KonTnT Platform generally and all Account activity. If your Account shows signs of fraud, abuse, or suspicious activity, KonTnT may close or freeze the Account immediately. KonTnT retains the right and absolute discretion to suspend or terminate your Account, and/or access to the KonTnT Platform generally without notice if KonTnT believes you have abused any privilege accorded to you as a participant in the KonTnT Platform, supplied misleading information, or made any misrepresentations to KonTnT in connection with the KonTnT Platform, tampered with the KonTnT Platform in any way, breached these Terms of Service, or engaged in any unlawful or other improper misconduct calculated to jeopardize the proper administration of the KonTnT Platform. KonTnT retains the right to remove any Content that it considers breaches these Terms of Service. In the event of termination or suspension of your Account in accordance with these Terms of Service, you will have no further access to your Account for the duration of the suspension or at all in the event of termination. KonTnT’s legal rights to recover damages or other compensation from you are reserved.
13.2 During the term, each party may receive certain non-public information and materials concerning the other party’s business, technology, and products that are proprietary and of substantial value to such party (“Confidential Information”). Each party will not use or disclose to any third party any Confidential Information except as permitted by this Agreement or as authorized by the other party’s prior written consent. Each party will use reasonable efforts to maintain the confidentiality of all such Confidential Information, and no party will use less effort than it ordinarily uses with respect to its own confidential information. The foregoing will not restrict either party from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body (provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order or requirement), or on a confidential basis to its legal or financial advisors, or prospective acquirers or investors. Confidential Information excludes information that: (a) is or becomes generally known to the public through no fault of the recipient; (b) is rightfully and lawfully known by the recipient at the time of disclosure without a confidentiality obligation; (c) is independently developed by the recipient without use or access to the disclosing party’s Confidential Information; or

(d) the recipient rightfully and lawfully obtains from a third party without disclosure restrictions.

 

14. GENERAL TERMS

14.1 If the KonTnT Platform is not capable of running as planned for any reason beyond the reasonable control of KonTnT, including because of war, terrorism, state of emergency, or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorized intervention, technical failures, or any cause which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the KonTnT Platform, or if any social media platform alters its terms of service, access, or permission in such a way that affects the KonTnT Platform, KonTnT reserves the right, in its absolute discretion, to cancel, terminate, modify, or suspend the KonTnT Platform.
14.2 No additional Creator or Brand originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on KonTnT unless agreed by KonTnT in writing and, in such case, if any terms and conditions in a Creator or Brand originating agreement or other terms and conditions are inconsistent with these Terms of Service, these Terms of Service shall prevail to the extent of any inconsistency.
14.3 If you are using the KonTnT Platform on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and KonTnT and govern your use of the KonTnT Platform, superseding any prior agreements between you and KonTnT. You will not assign any rights or obligations under these Terms of Service, in whole or in part, to any third party without the prior written consent of KonTnT. Any attempt to do so shall be void. KonTnT may assign its rights or obligations hereunder at its sole discretion.
14.4 If any clause or part of any clause is in any way unenforceable, invalid, or illegal, it is to be read down and amended so as to be enforceable, valid, and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Service without affecting the enforceability, validity, or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
14.5 ‘’Customer using the KonTnT APP who are Minor /under the age of 18 shall not register as a User of the KonTnT APP and shall not transact on or use the KonTnT APP’’
14.6 ‘’Cardholder must retain a copy of transaction records and KonTnT APP policies and rules’’
14.7 ‘’User is responsible for maintaining the confidentiality of his account’

 

15. KONTNT’S INTELLECTUAL PROPERTY

15.1. All KonTnT materials on the KonTnT Platform are protected by all applicable laws, including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Service. Nothing in these Terms of Service will be taken to constitute a transfer, assignment, or grant of any ownership rights in any Intellectual Property Rights in the KonTnT materials to a Brand or Creator.
15.2. All right, title, and interest in all Intellectual Property Rights in all of KonTnT brands, logos, images, buttons, codes, layout, text, content, and products and services as displayed on the KonTnT Platform (“the Brand Features”) are the property of KonTnT and will remain or be vested in KonTnT at all times. Your use of the KonTnT Platform will not under any circumstances be taken to constitute a transfer, assignment, or grant of any ownership rights in any of the Brand Features or the KonTnT Platform. KonTnT, on a case-by-case basis and to the extent required, grants you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the KonTnT Platform.
15.3. You may not decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the KonTnT Platform to a human perceivable form; distribute or republish any element of the KonTnT Platform in any way; resell, rent, lease or lend any element of the KonTnT Platform; defeat, disable or circumvent any security feature of the KonTnT Platform; or transfer any element of the KonTnT Platform to any third party.
15.4. To use the KonTnT Platform, users must be eligible to use the social media platforms (under the relevant platforms’ prevailing terms and conditions). By using any social media applications or features on the KonTnT Platform, Creator also consents and agrees to be bound by the particular terms and conditions of use of the social media platform.
15.5. You must not engage in crawling, scraping, caching, or otherwise accessing any content on the KonTnT Platform via automated means, except with KonTnT’s written consent.
15.6. Nothing in these Terms of Service is intended nor does it create a partnership, agency, joint venture, employment, or fiduciary relationship between KonTnT and any user.
15.7. Subject to Brand’s and Creator’s respective compliance with these Terms of Service, Brand and Creator are granted a limited, non-exclusive, revocable, and non- transferable license to access and use the KonTnT Platform in the manner anticipated in these Terms of Service. Any costs associated with accessing and using the KonTnT Platform generally remain the respective responsibility of Brand and Creator and are dependent on the service provider used. Brand and Creator are responsible for ensuring that the respective computer system or mobile device that Brand or Creator use to access the KonTnT Platform
15.8. The KonTnT Platform may contain links to other sites not maintained by KonTnT (“Linked Sites”). KonTnT is not responsible for the content of any Linked Sites, whether or not KonTnT is affiliated with the Linked Sites. KonTnT does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed, or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information or contributions from Creator, KonTnT shall bear no responsibility or liability for the manner in which such information or postings are used or exploited. The Linked Sites are for Creator’s convenience only and Creator agrees to access them at Creator’s own risk.

15.9. You also acknowledge and consent to the KonTnT Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications, or features on the KonTnT Platform. The Kontnt Platform is in no way sponsored, endorsed, or administered by, or associated with, any social media platform.

 

16. DISPUTE RESOLUTION

16.1 Agreement to Arbitrate. This Section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and KonTnT, whether relating to this Agreement (including any alleged breach thereof), the KonTnT Services, any advertising, any aspect of the relationship between us, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and KonTnT are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
16.2 YOU AND KONTNT AGREE THAT WE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND KONTNT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
16.3 KonTnT is always interested in resolving any disputes amicably and efficiently, and most user concerns regarding the KonTnT Platform and/or KonTnT Services can be resolved quickly and to the user’s satisfaction by emailing customer support at hello@kontnt.app. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute

 

(Notice). The Notice to KonTnT should be sent to [insert new address, likely in the UAE]. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If KonTnT and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or KonTnT may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by KonTnT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or KonTnT is entitled.
16.4 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
16.5 If a court decides that any term or provision of this Arbitration Agreement other than Section 3 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any provision in Section 3 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
16.6 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, KonTnT agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the KonTnT Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
16.7 Unless expressly specified otherwise in the Agreement, the Agreement is governed by the Law of the United Arab Emirates.
16.8 “United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.

 

17. PAYMENT CONFIRMATION

Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt.

 

18. REFUND POLICY

Refunds will be done only through the Original Mode of Payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.”

 

19. CANCELLATION POLICY

Customer can cancel their order/requested services within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.