Terms and Conditions

1. Overview of Services

1.1 Platform Role:

Plug Software Limited provides a platform where Brands can connect with Influencers for campaign collaborations. We act as an intermediary, managing all interactions between Brands and Influencers.

1.2 Account Creation:

Brands: To use our services, Brands must create an account and provide accurate information about their business, logo, and campaign brief.

Influencers: Influencers must also create an account and provide accurate personal and professional information.

2. Campaign Process and Contractual Agreement

2.1 Booking Requests and Contract Formation:

Brands: When a booking request is made through the Plug platform, and an Influencer accepts that request, a legally binding contract ("Contract") is established between the Brand, the Influencer, and Plug Software Limited as the intermediary. This Contract obligates all parties to adhere to the terms of the booking request, including the agreed-upon content format, publication date, and compensation.

Influencers: By accepting a booking request through the Plug platform, you agree to the terms outlined in the request, forming a Contract between you, the Brand, and Plug Software Limited. This Contract ensures that you will create and publish content as specified in the request, and in return, Plug Software Limited, on behalf of the Brand, will compensate you as agreed.

2.2 Content Creation and Submission:

Influencers: Upon acceptance of a booking request, you are obligated under the Contract to create and submit the agreed-upon content in the specified format and by the specified publication date. Failure to do so may result in breach of contract and may affect future opportunities on the platform.

Brands: Once an Influencer accepts your booking request, you are contractually obligated to honor the terms of the request, including allowing the Influencer to publish the content on the agreed-upon date and format. You should also ensure to provide all necessary support (if required) for the influencer to create that content and meet the agreed terms.

2.3 Payment Obligations:

Brands: Plug Software Limited will handle the payment to the Influencer on your behalf, as outlined in the Contract. The payment process will be initiated upon the successful publication of the content in accordance with the terms of the Contract.

Influencers: You will receive payment from Plug Software Limited once you fulfill your obligations under the Contract by creating and publishing the content as agreed. Payment will be processed through our platform in accordance with the agreed schedule.

3. Communication and Engagement

3.1 Communication:

Brands: All communication with Influencers will be managed by Plug Software Limited. You agree not to engage directly with Influencers outside of our platform processes unless agreed in writing.

Influencers: All campaign-related communication will be handled through Plug Software Limited. You agree not to engage directly with Brands unless facilitated by us.

3.2 Campaign Updates:

Brands: Plug Software Limited will keep you informed of all campaign developments. You are required to respond to updates and requests within 24 hours to keep the campaign on track.

Influencers: You are responsible for staying informed about campaign updates and responding promptly to ensure smooth execution.

4. Compensation and Payments

4.1 Payment Terms:

Brands: You will be charged a service fee, automatically processed through Stripe. This fee covers all services provided by Plug Software Limited. Separate to any service fees you will also be charged for your campaign budget, also managed by Plug.

Influencers: Compensation for your services will be determined and communicated by Plug Software Limited on behalf of the Brand. Payments will be processed via Stripe according to the agreed payment schedule. For influencers that are located in countries outside the reach of our payment processor (stripe connect) you can request manual invoicing.

4.2 Payment Processing:

Brands and Influencers: All payments will be handled through Stripe. Both parties must provide accurate payment details. Plug Software Limited is not responsible for delays or errors caused by incorrect information.

4.3 Taxes:

Brands and Influencers: Each party is responsible for any applicable taxes on payments received. Plug Software Limited does not withhold or pay taxes on your behalf.

5. Content and Intellectual Property

5.1 Ownership of Content:

Influencers: You retain ownership of all content you produce, excluding any Brand Materials. The Brand may reshare this content as per the campaign agreement but may not modify or reuse it without your explicit permission.

Brands: You acknowledge that the content created by Influencers (excluding any Brand Materials) is their intellectual property and agree to use it in accordance with these Terms. Brand grants to Influencer a non-exclusive, revocable, worldwide license to use any materials owned or licensed by Brand (e.g. Brand trademarks) that Brand authorizes Influencer to use to create the content (“Brand Materials”). Influencer will immediately take down or remove any content created for Brand if instructed to do so by Brand.

5.2 Use of Brand Materials:

Influencers: You may be provided with brand materials (e.g., logos, images) for campaign content. These materials must be used solely for the campaign and in accordance with any guidelines provided by Plug Software Limited.

6. Responsibilities and Conduct

6.1 Professionalism:

Brands: You agree to provide clear, accurate, and timely information to Plug Software Limited and respond to campaign updates promptly.

Influencers: You agree to conduct yourself professionally, meet deadlines, follow briefs, and maintain clear communication with Plug Software Limited.

6.2 Compliance with Laws:

Brands and Influencers: Both parties agree to comply with all applicable laws, regulations, and industry standards. Non-compliance may result in termination of services.

6.3 Confidentiality:

Brands: You may receive confidential information about Influencers, and vice versa. Both parties agree not to disclose this information to third parties without the other's permission.

Influencers: You may receive confidential information about the Brand and its campaigns. You agree to maintain confidentiality and not disclose this information to third parties.

6.4 Use of Brand and Logo Materials:

Plug Software Limited reserves the right to use the Brand's or Influencer's logo, name, and other brand materials on our website, platform, or related promotional materials to fulfill campaign obligations. This includes presenting these materials to potential collaborators, showcasing them on our platform, or using them in promotional content directly related to the agreed-upon campaign. However, if either the Brand or the Influencer wishes to place additional restrictions on the use of their materials, they reserve the right to issue a Non-Disclosure Agreement (NDA) between themselves and Plug Software Limited. This NDA will define the specific terms under which brand materials can be used, ensuring additional confidentiality and control.

6.5 Dispute

Influencer will not commit any act which brings Brand into public disrepute, contempt, scandal, or ridicule, or which insults or offends the general community to which Brand’s marketing and publicity materials are directed, or which might tend to injure the success of Brand or any of its products or services, including disparaging Brand, its products or services, or its competitors. Influencer will not violate any applicable laws and regulations in performing its obligations under these Terms, including, without limitation, the FTC Endorsement Guides at https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255. Influencer will not violate any laws, such as the CAN-SPAM Act of 2003 and similar laws regarding unsolicited communications, when promoting the Content.

7. Limitation of Liability

7.1 Disputes:

Brands: Plug Software Limited is not liable for any disputes or issues that arise between you and the Influencer.

Influencers: Plug Software Limited is not liable for any disputes or issues that arise between you and the Brand.

7.2 Service Availability:

While we strive to ensure the uninterrupted operation of our platform, we do not guarantee that our services will always be available, error-free, or secure.

7.3 Indirect Damages:

We are not liable for any indirect, incidental, or consequential damages, including lost profits or opportunities, arising from the use of our services.

8. Termination and Cancellation

8.1 Termination by Brands:

You may cancel your subscription at any time through your account settings. However, any ongoing campaigns must be completed before cancellation. No refunds will be provided for any fees already paid.

8.2 Termination by Influencers:

You may terminate your account at any time. However, any obligations related to ongoing campaigns must be fulfilled before termination.

8.3 Termination by Plug Software Limited:

We reserve the right to terminate access to our platform for either party if these Terms are breached or if conduct is detrimental to our business or the other party. In such cases, no refund will be issued.

9. Governing Law and Dispute Resolution

9.1 Governing Law:

These Terms are governed by the laws of Ireland, without regard to its conflict of laws principles.

9.2 Dispute Resolution:

Any disputes, claims, or controversies arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding arbitration conducted in the State of Delaware, United States. The arbitration shall be administered in English and shall follow the rules set forth by the applicable arbitration body. The decision of the arbitrator(s) shall be final and binding on all parties, and judgment on the arbitration award may be entered in any court having jurisdiction.

10. Miscellaneous

10.1 Amendments:

We may update these Terms periodically. Any changes will be posted on our website, and continued use of our services after such changes constitutes acceptance of the revised Terms.

10.2 Severability:

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.3 Entire Agreement:

These Terms constitute the entire agreement between you, Plug Software Limited, and the other party regarding the use of our platform and services.