Terms of Service
Last updated: June 24th, 2025
1. Introduction
Welcome to SponsrSpace ("Platform"), a marketplace connecting brands and influencers for the creation and purchase of social media content, such as Instagram stories and TikTok videos. These Terms of Service ("ToS") govern your access to and use of the Platform. By registering, accessing, or using the Platform, you agree to be bound by these ToS. If you do not agree, please do not use the Platform.
2. Definitions
- "User": Any individual or entity registered on the Platform, including both brands and influencers.
- "Brand": A User who purchases content packages from influencers.
- "Influencer": A User who offers and delivers content packages to brands.
- "Content": Any material created by an Influencer for a Brand, such as social media posts, videos, or stories.
3. User Obligations
All Users must:
- Provide accurate, complete, and up-to-date information during registration and throughout their use of the Platform.
- Respect the rights of other Users and third parties.
- Use the Platform solely for its intended purpose and not for any unlawful or unauthorized activities.
- Have the legal capacity to comply with these Terms.
- Be at least 18 years old or have parental consent if under 18.
- Comply with all applicable laws, including the Australian Consumer Law.
Brands must:
- Clearly define campaign requirements and expectations in their briefs.
- Pay for services as agreed upon in the campaign agreement.
Influencers must:
- Deliver Content that meets the Brand's brief and the Platform's quality standards.
- Disclose their relationship with the Brand in all Content, in compliance with applicable advertising laws (e.g., using #ad or #sponsored).
4. Campaign Agreements
When submitting a campaign request, brands must specify advertising disclosure requirements, content usage rights, and usage duration as part of the campaign terms. These selections form a binding agreement between the brand and the influencer, subject to these Terms of Service.
4.1 Acceptance of Terms
By submitting a campaign request and checking the 'Accept Terms and Conditions' box, brands agree to be bound by these Terms of Service and any campaign-specific agreements formed through the Site.
5. Advertising Compliance
All users must comply with all applicable advertising laws. This includes the Australian Consumer Law and AANA Code of Ethics, as well as the local laws of the jurisdiction in which the influencer resides or the campaign is targeted. In the event of a conflict, the stricter legal requirement shall apply. Brands must specify disclosure requirements (e.g., #ad, #sponsored) in their campaign submissions, and influencers must implement these disclosures clearly and conspicuously in all content.
6. Platform Rights
The Platform reserves the right to:
- Moderate, review, or remove any Content that violates these ToS, applicable laws, or the Platform's content guidelines.
- Suspend or terminate User accounts for violations of these ToS or for any behavior deemed harmful to the Platform or its Users.
- Update or modify these ToS at any time. Users will be notified of significant changes via email or through the Platform. Continued use of the Platform after such changes constitutes acceptance of the updated ToS.
7. Intellectual Property
Content Licensing: Influencers retain ownership of their content but grant brands a non-exclusive, worldwide license to use the content as specified in the campaign's 'Content Rights and Usage' and 'Usage Duration' fields. Perpetual use requires explicit influencer consent. SponsrSpace is granted a non-exclusive, royalty-free license to display and promote content for the purpose of operating the marketplace.
Prohibited Use: Users may not use the Platform to infringe on the intellectual property rights of others. The Platform may remove Content and suspend accounts in response to copyright infringement claims.
8. Payment Terms
Payment Processing: All payments are processed through the Platform's secure payment system. Brands agree to pay the agreed-upon amount for each campaign, and Influencers will receive payment upon the Brand's approval of the delivered Content.
Platform Fees: The Platform charges a percentage/flat fee for facilitating transactions, which will be deducted from the payment to the Influencer.
Refunds and Disputes: Refunds are only issued in cases where the Influencer fails to deliver the agreed-upon Content. Disputes over Content quality will be mediated by the Platform, and decisions are final.
9. Disclaimer of Warranties
The Platform and all services offered through it are provided on an "as is" and "as available" basis. You acknowledge and agree that your use of the Platform and its services is at your own sole risk.
To the fullest extent permissible by law, SponsrSpace, its affiliates, and their respective officers, directors, employees, and agents disclaim all warranties, whether express or implied, in connection with the Platform and your use thereof. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
SponsrSpace makes no representations or warranties regarding the accuracy, completeness, or reliability of the Platform's content or the content of any third-party websites linked to the Platform. We assume no liability or responsibility for any of the following:
- Errors, mistakes, or inaccuracies in any content or materials.
- Personal injury or property damage of any kind resulting from your access to and use of our Platform.
- Any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
- Any interruption or cessation of transmission to or from the Platform.
- Any bugs, viruses, Trojan horses, or similar malicious code that may be transmitted to or through the Platform by any third party.
- Any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform.
Furthermore, SponsrSpace does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform or any hyperlinked website. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with any transaction, you should exercise caution and use your best judgment.
10. Liability Limitations
The Platform is not liable for:
- Disputes between Brands and Influencers, including but not limited to disagreements over Content quality or campaign performance.
- Any indirect, incidental, or consequential damages arising from the use of the Platform.
- Content posted by Users, including any claims of defamation, infringement, or misrepresentation.
Users agree to indemnify and hold harmless the Platform from any claims, damages, or losses arising from their use of the Platform or violation of these ToS.
11. Governing Law and Dispute Resolution
These Terms and all campaign agreements are governed by the laws of New South Wales, Australia. Disputes arising from campaign agreements shall be resolved through binding arbitration in Sydney, NSW, under the rules of the Australian Centre for International Commercial Arbitration (ACICA).
Users agree to waive their right to a jury trial or participation in class-action lawsuits.
11.1 International Users
While these ToS are governed by Australian law, Users outside Australia must also comply with their local laws. In the event of a conflict between Australian law and local law, the stricter requirement shall apply. For disputes involving Users outside Australia, arbitration will still be conducted in Sydney, Australia, unless otherwise agreed upon by both parties.
11.2 External Agreements
All transactions on the Platform, including package purchases, are governed exclusively by these Terms of Service and any campaign-specific agreements facilitated through the Platform. Brands and Influencers may not attach or impose additional contracts, terms, or conditions outside of the Platform's designated process. Any attempt to introduce external agreements will be void and unenforceable. The Platform reserves the right to reject or remove any order that attempts to incorporate external terms.
12. Amendments
The Platform may update these ToS at any time. Users will be notified of changes via email or through the Platform. Continued use of the Platform after such changes constitutes acceptance of the updated ToS.
13. Contact Us
If you have any questions about these Terms, please contact us at support@sponsrspace.com.