Terms & Conditions

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our platform. By using the platform, you represent and warrant that:

• You are of legal age in your jurisdiction
• You have the authority to bind yourself or your organization to these Terms
• All information you provide is accurate, current, and complete
• You will maintain and update your information to keep it accurate

3.2 Account Registration

To use certain features of the platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.3 Account Types

The platform supports the following account types:

• Influencer/Creator: Free accounts for content creators
• Brand: Paid subscription accounts for businesses
• Agency: Paid subscription accounts for marketing agencies
• Admin: Platform administration accounts

4.1 Permitted Use

You may use the platform to:

• Create and manage profiles (brand, influencer, or agency)
• Create, manage, and participate in marketing campaigns
• Discover and connect with brands, influencers, or agencies
• Track campaign performance and analytics
• Process payments and manage subscriptions (where applicable)

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Impersonate any person or entity or misrepresent your affiliation
• Upload, post, or transmit any content that is illegal, harmful, or offensive
• Engage in fraudulent, deceptive, or misleading practices
• Interfere with or disrupt the platform's security or functionality
• Attempt to gain unauthorized access to any part of the platform
• Use automated systems (bots, scrapers) to access the platform without permission
• Reverse engineer, decompile, or disassemble any part of the platform
• Collect or harvest information about other users without consent
• Use the platform for any purpose other than its intended use
• Violate any intellectual property rights of OutLoud or third parties

5.1 User Content

You retain ownership of all content you upload, post, or submit to the platform ("User Content"). By submitting User Content, you grant Phakama Digital Pty Ltd. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the platform and our business operations.

5.2 Platform Content

All content on the platform, including but not limited to text, graphics, logos, icons, images, software, and the compilation of all content, is the property ofPhakama Digital Pty Ltd. or its licensors and is protected by South African and international copyright, trademark, and other intellectual property laws.

5.3 Content Standards

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to use and license your User Content
• Your User Content does not infringe any third-party rights
• Your User Content complies with all applicable laws and regulations
• Your User Content is accurate and not misleading

5.4 Content Removal

We reserve the right to remove, edit, or refuse to post any User Content that violates these Terms or is otherwise objectionable, in our sole discretion, without prior notice.

6.1 Campaign Creation

Brands may create campaigns on the platform. Brands are solely responsible for:

• Campaign accuracy, including budgets, requirements, and deliverables
• Compliance with advertising standards and disclosure requirements
• Payment obligations to influencers
• Fulfillment of campaign promises and commitments

6.2 Influencer Participation

Influencers who participate in campaigns agree to:

• Deliver content as specified in campaign requirements
• Comply with advertising disclosure requirements (e.g., #ad, #sponsored)
• Provide accurate metrics and engagement data
• Meet agreed-upon deadlines and deliverables

6.3 Platform as Intermediary

OutLoud acts as an intermediary platform connecting brands and influencers. We are not a party to agreements between brands and influencers, and we are not responsible for the performance, quality, or outcome of campaigns. Disputes between brands and influencers should be resolved directly between the parties.

6.4 AI Matching

Our platform uses AI-powered algorithms to match brands with influencers. While we strive for accuracy, we do not guarantee the suitability or success of any match. Users are responsible for their own due diligence.

7.1 Subscription Plans

Certain features of the platform require a paid subscription. Subscription plans, pricing, and features are subject to change at our discretion. We will provide reasonable notice of material changes to subscription terms.

7.2 Payment Terms

By subscribing, you agree to pay all fees associated with your subscription plan. Payments are processed through third-party payment processors. You are responsible for providing accurate payment information and authorizing charges.

7.3 Billing and Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You authorize us to charge your payment method for renewal fees. You may cancel your subscription at any time through your account settings.

7.4 Refunds

Refund policies are governed by applicable South African consumer protection laws. Refunds, if applicable, will be processed according to our refund policy and applicable law. Contact us for specific refund inquiries.

7.5 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or levies imposed by applicable authorities in connection with your use of the platform.

9.1 Service Availability

The platform is provided "as is" and "as available." We do not guarantee that the platform will be uninterrupted, error-free, or secure. We reserve the right to modify, suspend, or discontinue any part of the platform at any time without notice.

9.2 No Warranties

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 Limitation of Liability

To the maximum extent permitted by South African law, Phakama Digital Pty Ltd. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of the platform.

Our total liability for any claims arising from or related to the platform shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or R1,000 (One Thousand Rand), whichever is greater.

9.4 Third-Party Services

The platform may integrate with or link to third-party services. We are not responsible for the availability, accuracy, or content of third-party services. Your interactions with third parties are solely between you and the third party.

11.1 Termination by You

You may terminate your account at any time by contacting us or using account deletion features. Upon termination, your right to use the platform will immediately cease.

11.2 Termination by Us

We may suspend or terminate your account and access to the platform immediately, without prior notice, if:

• You violate these Terms or our Privacy Policy
• You engage in fraudulent, illegal, or harmful activities
• You fail to pay subscription fees when due
• We are required to do so by law
• We determine, in our sole discretion, that termination is necessary

11.3 Effect of Termination

Upon termination, your right to use the platform will immediately cease. We may delete your account and User Content, subject to our data retention policies and legal obligations. Provisions that by their nature should survive termination will survive, including but not limited to intellectual property rights, disclaimers, and limitations of liability.

12.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

12.2 Jurisdiction

Any disputes arising from or related to these Terms or the platform shall be subject to the exclusive jurisdiction of the courts of South Africa.

12.3 Informal Resolution

Before initiating formal legal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. Contact us at arnold@phakama.digital to initiate discussions.

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Phakama Digital Pty Ltd. regarding the platform and supersede all prior agreements and understandings.

13.2 Severability

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

13.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, or internet failures.