Effective Date: Mar 4, 2025

Company: Plug Software Limited

Website: https://plug.dev

Contact Email: team@plug.dev

These Joint Terms and Conditions ("Terms") govern the relationship between Plug Software Limited ("we", "us", "our"), brands ("brands", "Company", "you", "your") and Influencers ("Influencers", "Creator") who use the platform https://plug.dev. By using our platform, both Brands and Influencers agree to these Terms.

1. Overview of Services

  1. a. Platform Role

    1. i. 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.

  2. b. Account Creation

    1. i. Brands

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

    2. ii. Influencers

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

2. Campaign Process and Contractual Agreement

  1. a. Booking Requests and Contract Formation

    1. i. 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.

    2. ii. 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.

3. Content Creation and Submission

  1. a. 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. b. 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.

4. Revisions Policy

  1. a. Brand

    1. i. During the proposal review process, the Brand may request reasonable adjustments to the Influencer's proposed content to ensure alignment with the campaign goals and specifications as outlined in the booking agreement. Such requests must be reasonable and within the scope of the original agreement.

    2. ii. After the content is produced, the Brand may: request up to two (2) minor revisions for text/image content and three (3) minor revisions for video content provided these are within the original agreed scope and are to ensure alignment with campaign goals and specifications

    3. iii. After the content is published, the Brand may request revisions only for factual errors, legal, security, or compliance issues.

  2. b. Influencer

    While Brand input is valued and considered, the Creator retains ultimate creative control over the content's final form, style, and execution. The Brand's requested adjustments are intended to achieve alignment with campaign objectives, not to dictate the Creator's artistic expression or creative process.

5. Payment Obligations

  1. a. 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.

  2. b. 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.

6. Communication

  1. a. 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.

  2. b. Influencers

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

7. Campaign Updates

  1. a. 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.

  2. b. Influencers

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

8. Compensation and Payments

  1. a. Payment Terms

    1. i. Brands

      You will be charged a service fee, to be included in your invoice. This fee covers all services provided by Plug Software Limited and is separate to any service fees you will also be charged for your campaign budget, also managed by Plug.

    2. ii. Influencers

      Every booking request will be subject to a standardized content review and approval process prior publication and to payment for work being processed. Influencers must submit a content proposal or draft video version (for video content only) which is subject to Brand approval prior to publication. Payments will be processed according to the agreed payment schedule. For influencers that are located in countries outside the reach of our payment processor you can request manual invoicing.

  2. b. Payment Processing

    1. i. 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.

  3. c. Taxes

    1. i. 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.

  4. d. Creator Fees

    1. i. Service Fee

      When we recommend an Influencer for a campaign, a 10% service fee is deducted from the Influencer's payment. This fee is separate from any Stripe transfer fees.

    2. ii. Net Payment

      Influencers will receive the amount they offered for the campaign, minus the 10% Plug service fee and any applicable Stripe fees. Example: If an Influencer's listed price is $100, they will receive $100 minus the 10% Plug fee ($10) and any Stripe fees.

  5. e. Unused Campaign Funds

    1. i. If the campaign comes in under budget, the Brand is entitled to a refund of any prepaid and unused funds.

    2. ii. Plug must identify and report any unused funds to the Brand within 5 business days of campaign completion, then return the refund within fifteen business days of the final reconciliation.

    3. iii. Refunds will be made via the original payment method unless otherwise agreed in writing.

9. Content and Intellectual Property

  1. a. Ownership of Content

    1. i. Brands

      You acknowledge that the content created by Influencers (excluding any Brand Materials as defined below) 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.

    2. ii. 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.The Influencer shall not repurpose, resell, or license campaign content to other brands or third parties without the express written consent of the Brand.

  2. b. Use of Brand Materials

    1. i. Influencers

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

  3. c. Compliance, Ethics & Reputation Protection

    1. i. Influencer

      The Influencer agrees not to post, engage in, or promote any content that:

      • Contains false, misleading, defamatory, or disparaging statements about the Brand or its competitors;
      • Violates any laws, including advertising, data protection, or intellectual property laws;
      • Includes hate speech, offensive material, politically divisive statements, or content that could harm the Brand's reputation;
      • Promotes the use of illegal substances, violence, or any controversial material that conflicts with the Brand's image.

10. Responsibilities and Conduct

  1. a. Professionalism

    1. i. Brands

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

    2. ii. Influencers

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

  2. b. Compliance with Laws

    1. i. Brands and Influencers

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

  3. c. Confidentiality

    1. i. 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.

    2. ii. 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.

  4. d. Use of Brand and Logo Materials

    1. i. 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.

  5. e. Disputes

    1. i. Influencer

      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.

11. Limitation of Liability

  1. a. Disputes

    1. i. Plug Software Limited is not liable for any disputes or issues that arise between either Party

  2. b. Service Availability

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

  3. c. Indirect Damages

    1. i. Plug Software Limited are not liable for any indirect, incidental, or consequential damages, including lost profits or opportunities, arising from the use of our services.

  4. d. Indemnification

    1. i. "Claims" means all liabilities, losses, damages, costs (including reasonable attorneys' fees), and expenses.

    2. ii. Brand

      The Brand shall indemnify and hold harmless the Influencer, Plug Software Limited, and their respective affiliates (the "Influencer and Plug Indemnified Parties") from any Claims arising from: (i) the Brand's breach of this Agreement or the campaign-related Contract; (ii) claims that Brand Materials infringe any third-party rights; (iii) the Brand's products or services (except where caused by the Influencer's breach); (iv) the Brand's violation of applicable laws; or (v) the Brand's negligence or willful misconduct.

    3. iii. Influencer

      The Influencer shall indemnify and hold harmless the Brand, Plug Software Limited, and their respective affiliates from any Claims (defined below) arising from: (i) the Influencer's breach of this Agreement or the campaign-related Contract; (ii) claims that Influencer Content infringes any third-party rights; (iii) the Influencer's violation of applicable laws; or (iv) the Influencer's negligence or willful misconduct.

    4. iv. Plug Software Limited

      We shall indemnify and hold harmless the Brand, the Influencer, and their respective affiliates (the "Brand and Influencer Indemnified Parties") from any Claims arising from: (i) Plug Software Limited's breach of this Agreement; (ii) claims that the Plug Software Limited Platform infringes any third-party rights; (iii) Plug Software Limited's violation of applicable laws; (iv) Plug Software Limited's negligence or willful misconduct; or (v) a data breach of the Platform (except where caused by the Brand or Influencer).

    5. v. Indemnification Procedure

      The Indemnified Party will promptly notify the Indemnifying Party of any Claim. The Indemnifying Party will control the defense and settlement, but cannot settle in a way that admits liability for the Indemnified Party without their consent. The Indemnified Party may participate in the defense at its own expense. Failure by an Indemnified Party to give prompt notice to the Indemnifying Party will only relieve the Indemnifying party of its indemnification obligation to the extent that the Indemnifying Party is prejudiced by the delay.

12. Termination and Cancellation

  1. a. Termination by Brands

    1. i. 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.

    2. ii. The Brand may terminate any agreement with the Influencer at any time without liability if the Influencer:

      • Breaches any terms of this Agreement or applicable laws;
      • Engages in behavior that could harm the Brand's reputation, including controversial or offensive content;
      • Fails to deliver high-quality content as per campaign guidelines;
      • Attempts to negotiate payments outside the Plug platform.

  2. b. Termination by Influencers

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

  3. c. Termination by Plug Software Limited

    1. i. 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.

13. Governing Law and Dispute Resolution

  1. a. Governing Law

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

  2. b. Dispute Resolution

    1. i. 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.

14. Miscellaneous

  1. a. Amendments

    1. i. Plug Software Limited 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.

  2. b. Severability

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

  3. c. Entire Agreement

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

    2. ii. For any questions or concerns regarding these Terms, please contact us at team@plug.dev