Terms of Service
Last Updated: April 23, 2025
Introduction
Welcome to BrandSync! These Terms of Service ("Terms") govern your use of BrandSync.lk, its related applications, features, and services (collectively referred to as the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Platform.
BrandSync operates as an intermediary platform connecting Influencers and Brands (collectively referred to as "Users"). These Terms constitute a legally binding agreement between you and BrandSync.lk, whether you are a registered user or just browsing our Platform.
Please read these Terms carefully as they contain important information regarding your legal rights, remedies, and obligations.
Definitions
- "Platform" refers to BrandSync.lk, its websites, applications, and all related services.
- "Influencer" refers to users who promote Brands' content and services through their social media accounts.
- "Brand" or "Buyer" refers to users who seek promotion and engagement for their content through Influencers on our Platform.
- "Campaign" refers to any promotional activity created by a Brand for Influencers to participate in.
- "Content" refers to any text, images, videos, graphics, or other materials uploaded, shared, or created on the Platform.
- "Payment" refers to the financial compensation provided to Influencers for their services.
Account Registration & Eligibility
1. Registration Requirements
To use BrandSync services, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Eligibility
By using BrandSync, you represent and warrant that:
- You are at least 18 years of age or have legal parental/guardian consent.
- You have the right, authority, and capacity to enter into these Terms.
- You will use the Platform in accordance with all applicable laws and regulations.
- You are not prohibited from receiving services under the laws of Sri Lanka or other applicable jurisdictions.
3. Account Verification
BrandSync may require verification of your identity and/or your social media accounts. You agree to provide any requested information for verification purposes. We reserve the right to deny or revoke access to any user who fails to meet our verification standards.
Platform Rules & User Conduct
As a BrandSync user, you agree to:
- Provide accurate information about yourself and your social media accounts.
- Comply with all applicable laws and regulations when using our Platform.
- Respect other users' rights, including intellectual property rights.
- Not engage in any activities that could harm, disable, or overburden the Platform.
- Not attempt to access areas of the Platform that you are not authorized to access.
- Not use the Platform for fraudulent or deceptive practices.
- Not post content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
Prohibited Content
You may not use our Platform to promote:
- Content that violates any applicable laws or regulations.
- Adult content, pornography, or sexually explicit material.
- Illegal drugs, substances, or paraphernalia.
- Weapons, ammunition, or explosives.
- Content that promotes hatred, violence, or discrimination.
- Gambling services without proper licensing.
- Content that infringes on others' intellectual property rights.
Influencer Terms
1. Service Provision
As an Influencer, you agree to provide the promotional services specified in the campaigns you accept, following all guidelines and requirements set forth by the Brand and BrandSync.
2. Performance Standards
Influencers must complete campaigns according to the agreed-upon specifications, including content type, posting schedule, and engagement requirements. Failure to meet these standards may result in non-payment, account penalties, or termination.
3. Social Media Account Requirements
You warrant that any social media accounts linked to BrandSync are owned and operated by you, comply with the respective platforms' terms of service, and accurately represent your follower count and engagement metrics.
4. Payment Terms
You will receive payment for successfully completed campaigns as specified in the campaign details. BrandSync reserves the right to withhold payment for incomplete, fraudulent, or non-compliant campaign activities.
Brand/Buyer Terms
1. Campaign Creation & Management
As a Brand, you are responsible for creating clear campaign briefs with specific requirements and expectations. You must provide appropriate content and guidelines for Influencers to successfully promote your brand.
2. Payment Obligations
Brands must provide sufficient funds before launching campaigns. You authorize BrandSync to disburse funds to Influencers upon satisfactory completion of campaign requirements.
3. Content Ownership
You warrant that you have all necessary rights to the content provided for campaigns. You grant Influencers limited rights to use your content for the specific purpose of completing the campaign.
4. Campaign Review
Brands must review and approve or reject Influencer submissions within the timeframe specified in the campaign brief. Failure to review within the specified timeframe may result in automatic approval and payment.
Fees & Payments
1. Platform Fees
BrandSync charges service fees for facilitating connections between Brands and Influencers. These fees are clearly displayed before transaction completion. We reserve the right to modify our fee structure with reasonable notice.
2. Payment Processing
All payments are processed through our secure payment partners. By using our Platform, you agree to comply with the terms and conditions of our payment processors.
3. Taxes
Users are solely responsible for all taxes and reporting requirements related to income earned through BrandSync. We may provide tax documentation where required by law, but users remain responsible for proper tax filing and compliance.
4. Currency
All transactions on BrandSync are processed in Sri Lankan Rupees (LKR) unless otherwise specified. International users may be subject to currency conversion fees by their payment providers.
Intellectual Property Rights
1. BrandSync Intellectual Property
The Platform, including its logo, name, design, software, and content created by BrandSync, is protected by intellectual property laws. You may not use, reproduce, or distribute our intellectual property without explicit written permission.
2. User-Generated Content
You retain ownership of content you create and upload to BrandSync. However, you grant BrandSync a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content for the purpose of operating and promoting the Platform.
3. Campaign Content
Unless explicitly agreed otherwise in writing, Influencers retain copyright ownership of content they create for campaigns, while granting Brands a license to use such content as specified in the campaign agreement.
4. Infringement Claims
If you believe your intellectual property rights have been infringed upon, please contact us at legal@brandsync.lk with detailed information about the alleged infringement.
Liability & Disclaimers
1. Limitation of Liability
To the maximum extent permitted by law, BrandSync shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our Platform.
2. No Warranty
The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
3. Intermediary Status
BrandSync acts solely as an intermediary platform connecting Brands and Influencers. We do not guarantee campaign results, including views, engagement, or conversion rates.
4. Indemnification
You agree to indemnify and hold BrandSync harmless from any claims, damages, liabilities, costs, or expenses arising out of your use of the Platform, your violation of these Terms, or your infringement of any rights of another person or entity.
Term & Termination
1. Term
These Terms will remain in full force and effect while you use the Platform or maintain an account with us.
2. Termination by You
You may terminate your account at any time by following the instructions on the Platform or by contacting our support team. Termination may be subject to the completion of ongoing campaigns or payment obligations.
3. Termination by BrandSync
BrandSync reserves the right to suspend or terminate your account at any time for violations of these Terms, fraud, illegal activity, or any other reason we deem appropriate. We will make reasonable efforts to notify you of termination.
4. Effect of Termination
Upon termination, your right to use the Platform will immediately cease. All provisions that by their nature should survive termination shall survive, including intellectual property rights, warranties, indemnities, and limitations of liability.
Modifications to Terms
BrandSync reserves the right to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Platform and updating the "Last Updated" date at the top of this page.
Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platform.
Contact Information
If you have any questions about these Terms, please contact us at:
- Email: legal@brandsync.lk
- Address: BrandSync Head Office, Colombo, Sri Lanka
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