Platform Use Agreement

1. Agreement formation and acceptance

By accessing or using the services, you agree to be bound by these terms, creating a contractual relationship between you and Inmind. If you do not accept these terms, you must not access or use the services. These terms replace any previous agreements or arrangements between you and Inmind. Inmind may terminate these terms or any services as they apply to you, or may stop offering or restrict access to all or part of the services, at any time and for any reason.

Additional terms may apply to specific services, including rules relating to particular events, activities or promotions. Such additional terms form part of these terms for those services and, where there is any inconsistency, the additional terms take priority for the applicable services.

Inmind may update these terms from time to time. Any changes take effect once Inmind posts the updated terms at this location or publishes amended policies on the relevant service. Continued access to or use of the services after posting constitutes acceptance of the amended terms. Inmind's collection and use of personal information in connection with the services is explained in the privacy notice.

2. Platform services and access rights

The services consist of a technology platform that enables users of Inmind applications or websites to allow advertisers to create social media marketing campaigns and obtain the services of creators who perform marketing services based on information supplied by users. Unless Inmind agrees otherwise with you in a separate written agreement, the services are provided only for your personal use.

You acknowledge that Inmind does not itself provide social media marketing campaigns or marketing services, nor does it act as an advertiser or creator. All such services are provided by independent third-party contractors who are not employees of Inmind or any of its affiliates.

Licence

Provided that you comply with these terms, Inmind grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable licence to access and use the applications on your personal device solely in connection with your use of the services, and to access and use any content, information and related materials made available through the services solely for your personal, non-commercial use. All rights not expressly granted are reserved by Inmind and its licensors.

Restrictions

• Do not remove copyright, trademark or other proprietary notices from any part of the services.
• Do not copy, modify, create derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly allowed by Inmind.
• Do not decompile, reverse engineer or disassemble the services except where permitted by applicable law.
• Do not link to, mirror or frame any part of the services.
• Do not run or introduce any programs or scripts designed to scrape, index, survey, data mine, overload or interfere with the operation of any part of the services.
• Do not attempt to gain unauthorised access to, or interfere with, any part of the services or their related systems or networks.

Service delivery, external services and IP

Certain parts of the services may be offered under Inmind's various brands or request options, and may be provided by Inmind subsidiaries and affiliates or by independent third-party providers including marketing companies, media houses, advertisers and creators. The services may also be available through, or used together with, third-party services and content that Inmind does not control, and separate terms and privacy policies may govern your use of those. The services, together with all rights connected to them, remain the property of Inmind or its licensors, and these terms do not give you rights to use Inmind's names, logos, trademarks or service marks.

3. User access, accounts and conduct

Account registration and security

To use most parts of the services, you must create and keep an active personal account. You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher. Registration requires certain personal details, including your name, address, mobile phone number and age, as well as at least one valid payment method. You agree to keep your account information accurate, complete and current. You are responsible for all activity carried out under your account and must keep your username and password secure. Unless Inmind gives written permission, you may hold only one account.

Eligibility and acceptable use

The service is not available to persons under 18 years of age. You must not allow third parties to use your account, and you may not assign or transfer your account to any other person or entity. You agree to comply with all applicable laws when using the services and to use them only for lawful purposes. You must not use the services in a way that causes nuisance, annoyance, inconvenience or personal harm to any third-party provider or other person. In some cases you may be required to provide proof of identity, and refusal may result in denial of access.

Content submitted by users

Inmind may allow you to submit, upload, publish or otherwise provide text, audio, visual content and information through the services. Any user content you provide remains your property. However, by providing user content to Inmind, you grant Inmind a worldwide, perpetual, irrevocable, transferable, royalty-free licence, including the right to sublicense, to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform and otherwise exploit that user content in any manner and through any format or distribution channel now known or later developed.

You represent and warrant that you are either the sole and exclusive owner of all user content or you hold all rights, licences, consents and releases necessary to grant the licence described above, and that the content does not infringe, misappropriate or violate any third party's intellectual property, proprietary rights, publicity rights, privacy rights or any applicable law. You agree not to provide user content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive. Inmind may, but is not required to, review, monitor or remove user content at its sole discretion.

Connectivity, devices and system access

You are responsible for securing the data network access required to use the services, and for any data and messaging charges that apply. You are also responsible for obtaining and maintaining compatible hardware or devices needed to access and use the services and any related updates. Inmind does not guarantee that the services will operate on any specific hardware or device, and the services may be affected by failures and delays inherent in internet and electronic communications.

4. Advertising restrictions and compliance rules

• Alcohol content: advertising involving alcohol must be targeted only to the appropriate legal age group and is completely prohibited in certain countries, including Gambia, Egypt, Afghanistan, Brunei, Bangladesh, Kuwait, Libya and Turkey. All local rules governing alcohol marketing and distribution must be followed.
• Discriminatory practices: advertisements must not discriminate against, or promote discrimination against, people on the basis of personal characteristics such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical condition or genetic condition.
• Government and social affairs: government advertisements and social issue content are permitted provided they contain factual information and do not include misleading statements.
• Pharmaceuticals: prescription medicines may not be promoted through Inmind. Over-the-counter medicines are permitted, provided they comply with applicable local regulations.
• Inappropriate content: content involving sexual material, gambling, cryptocurrency, spyware or malware, drugs and drug paraphernalia, copyright or trademark infringement, counterfeit goods, unauthorised ticket sales, weapons and weapon accessories is prohibited.

Political and election-related content

This includes any advertisement created by, on behalf of, or about a candidate for public office, a political figure, a political party or a political action committee; any advertisement advocating a particular election outcome; content relating to any election, referendum or ballot initiative, including voter mobilisation or election information campaigns; content concerning any social issue in the location where the advertisement is displayed; or content otherwise regulated as political advertising.

• Political campaigns must present factual information about previous achievements and currently fulfilled agenda items.
• They must not contain prejudicial content against political opponents or associates. Personal attacks and improper political tactics will not be endorsed.
• Any disclaimer must accurately identify the entity or person responsible for the advertisement.
• The disclaimer must not include URLs or acronyms unless they form part of the organisation's name, and that name must be accurately reflected on the website provided.
• The disclaimer must not contain profanity, objectionable language, or unrecognisable words or phrases, and must not falsely suggest that a foreign leader is responsible for the advertisement.

5. Prohibited and restricted content categories

• Sexual content: pornography, escort services and prostitution, full and partial nudity, modelled clothing that is sexual in nature, dating sites focused on facilitating sexual encounters or infidelity, and dating sites in which money, goods or services are exchanged in return for a date.
• Gambling content: gambling-related content is prohibited on and around the Inmind platform.
• Cryptocurrency: promotion of cryptocurrency trading or mining is prohibited.
• Drugs and drug paraphernalia: promotion of any substance that is illegal under applicable local or state laws is prohibited, including recreational and herbal drugs, accessories associated with drug use, dispensaries and depictions of hard drug use.
• Trademark and copyright infringement: campaigns must not display content, links, images or embedded media that could mislead users about the advertiser's brand affiliation, including promoted trend names that use third-party names misleadingly.
• Weapons and weapon accessories: promotion of items that may endanger the safety of users or people nearby is prohibited.

6. Charges, payments and taxes

Using the services may result in charges for services or goods received from a third-party provider. When you request access to certain services obtained through Inmind, Inmind will facilitate payment of the applicable charges on behalf of the third-party provider, acting as that provider's limited payment collection agent. Payment made in this way is treated as if you had paid the third-party provider directly. Charges may include other applicable fees, such as booking and processing fees, and will include applicable taxes where required by law. Charges paid are final and non-refundable unless Inmind determines otherwise.

Inmind may set, remove or revise charges at any time and at its sole discretion, and charges in certain geographic areas may increase significantly during periods of high demand. Inmind will make reasonable efforts to notify you of applicable charges, but you remain responsible for charges incurred under your account. From time to time, Inmind may offer promotional offers or discounts to certain users. You may cancel a request for services before the third-party provider accepts it, in which case a cancellation fee may apply.

Tax deductions and declarations

All payments are subject to the applicable tax laws and rates of the jurisdiction in which the creator is based. Creators based in Kenya will receive income after deduction of withholding tax and will be issued a withholding certificate as proof of the tax deducted. Creators in other countries will receive gross payment and will be responsible for filing and paying any taxes due from them. Inmind will not be liable for any tax evasion or failure by such creators to comply with their tax obligations.

Payment collection methods

All charges are payable immediately, and Inmind will facilitate payment using the preferred payment method listed in your account, then send a receipt by email. If your primary payment method is expired, invalid or cannot be charged, you agree that Inmind, acting as the third-party provider's limited payment collection agent, may use any secondary payment method available in your account. If payments are delayed for any reason, contact support@inmind.media or use the in-app support chat.

7. Warranties, liability limits and protection

The services are provided on an as is and as available basis. Inmind disclaims all representations and warranties, whether express, implied or statutory, that are not expressly stated in these terms, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Inmind makes no representation, warranty or guarantee about the reliability, timeliness, quality, suitability or availability of the services, or that the services will be uninterrupted or free from errors, and does not guarantee the quality, suitability, safety or ability of third-party providers.

Inmind shall not be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or property damage arising from, connected with or resulting from any use of the services, even if Inmind has been advised that such damages may occur. This includes damages arising from your use of or reliance on the services, your inability to access them, or any transaction or relationship between you and any third-party provider. These limitations are not intended to limit liability or change any consumer rights that cannot be excluded under applicable law.

You agree to indemnify and hold harmless Inmind and its officers, directors, employees and agents from all claims, demands, losses, liabilities and expenses, including legal fees, arising from or connected with your use of the services, your breach of these terms, Inmind's use of your user content, or your violation of any third party's rights.

8. Applicable law and dispute process

Except where these terms state otherwise, any dispute, conflict, claim or controversy arising out of or relating to the services, payments or these terms, including issues concerning their validity, interpretation or enforceability, must first be referred for resolution through support@inmind.media. These terms are governed exclusively by, and interpreted in accordance with, the laws of the United Kingdom.

If a dispute is not resolved through support, it shall be submitted under the rules of the London Court of International Arbitration. The parties are deemed to have agreed in writing that any arbitration between them will be conducted under the LCIA Rules, including any amended rules adopted before the arbitration begins, and that those rules form part of their agreement.

9. Miscellaneous legal terms

Copyright infringement claims should be directed to Inmind's designated agent. Inmind may provide notices through a general notice on the services, by email to the address listed in your account, or by written communication sent to the address recorded in your account. You may give notice to Inmind by sending written communication to Inmind's address.

You may not assign or transfer these terms without Inmind's prior written consent. You authorise Inmind to assign or transfer these terms, in whole or in part, including to a subsidiary or affiliate, a purchaser of Inmind's equity, business or assets, or a successor following a merger. No joint venture, partnership, employment or agency relationship is created between you, Inmind or any third-party provider.

If any provision of these terms is found to be illegal, invalid or unenforceable, that provision will be treated as excluded to that extent, and the legality, validity and enforceability of the remaining provisions will not be affected. These terms constitute the entire agreement between the parties concerning their subject matter and supersede all prior or contemporaneous agreements relating to it.